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DA, Inc. vs. Tan Tay & Co.

DESTILERIA AYALA, INC., plaintiff-appellant, vs. TAN TAY & CO., defendant-appellee.

G.R. No. 48793 | 1943-08-06

D E C I S I O N

MORAN, J:

This is an action for injunction instituted by plaintiff Destileria Ayala, Inc., to inhibit defendant Tan Tay & Co., doing business under the name "La Refineria Tan Tay, Inc.," from using glass receptacles duly registered by plaintiff. A preliminary injunction was issued on the security of the bond of P500 filed by plaintiff.

The evidence discloses that on September 4, 1929, the Bureau of Commerce issued in favor of plaintiff a certificate of registration of a glass receptacle for bottling wine products. The shape and form of the bottle and its distinctive name in bold relief, "Destileria Ayala, Inc.," are duly...