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R. F. & J. Alexander & Co., Ltd., Et Al. Vs. Jose Ang, Et Al.

R. F. & J. ALEXANDER & CO., LTD., and KER & CO., LTD., petitioners, vs. JOSE ANG, doing business under the name and style of "Hua Hing Trading", respondent.

G.R. No. L-6707 | 1955-05-31

D E C I S I O N


BENGZON, J.:

We gave due course to this petition for review of the Court of Appeals' decision, because we were favorably impressed by petitioner's demonstration of alleged error in the three main propositions on which the said decision rested, to wit:

"(a) That the test of unfair competition lies in the possibility of deception of the intelligent and not the ignorant buyer;

(b) That an action for unfair competition should be directed against the manufacturer and not against the seller; and

(c ) That there is no unfair competition when a product is sold under a registered trademark."

The record shows that in two...