Amicus Brief

Request for intervention by the International Trademark Association in The H.D. Lee Company, Inc. and Authentic American Apparel, Inc. vs. Emerald Garment Manufacturing Corporation, G.R. No. 207060

Published: April 7, 2016

Court

The Honorable Supreme Court of the Philippines

Our Position

INTA’s view is that a previous finding of lack of confusing similarity between two trademarks in a trademark action does not preclude a subsequent finding of unfair competition. This view is consistent with the Philippines’ unfair competition law (Section 168 of the IP Code) as well as international principles of unfair competition law.