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    Fredco Manu. Corp Vs President & Fellows of Harvard

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    Mark Gabriel B. Maranga
    Fredco Manufacturing Corporation filed a petition to cancel the registration of Harvard University's "Harvard Veritas Shield Symbol" mark used on bags and t-shirts. Fredco alleged that it or its predecessor New York Garments was the first to use and register the "Harvard" mark in the Philippines for clothing in 1936. However, Harvard University argued it has lawfully owned the "Harvard" name and mark worldwide, including in the Philippines, since 1872. The Supreme Court ruled in favor of Harvard University, finding that Fredco's use of the "Harvard" mark falsely suggested a connection to Harvard University without authorization. As the owner of the famous "Harvard" trade name, Harvard University is entitled to protection of the name in the

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    Fredco Manu. Corp Vs President & Fellows of Harvard

    Uploaded by

    Mark Gabriel B. Maranga
    88 views1 page
    Fredco Manufacturing Corporation filed a petition to cancel the registration of Harvard University's "Harvard Veritas Shield Symbol" mark used on bags and t-shirts. Fredco alleged that it or its predecessor New York Garments was the first to use and register the "Harvard" mark in the Philippines for clothing in 1936. However, Harvard University argued it has lawfully owned the "Harvard" name and mark worldwide, including in the Philippines, since 1872. The Supreme Court ruled in favor of Harvard University, finding that Fredco's use of the "Harvard" mark falsely suggested a connection to Harvard University without authorization. As the owner of the famous "Harvard" trade name, Harvard University is entitled to protection of the name in the

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    Intellectual Property Law

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    Fredco Manu. Corp vs President & Fellows of Harvard

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    Fredco Manufacturing Corporation filed a petition to cancel the registration of Harvard University's "Harvard Veritas Shield Symbol" mark used on bags and t-shirts. Fredco alleged that it or its predecessor New York Garments was the first to use and register the "Harvard" mark in the Philippines for clothing in 1936. However, Harvard University argued it has lawfully owned the "Harvard" name and mark worldwide, including in the Philippines, since 1872. The Supreme Court ruled in favor of Harvard University, finding that Fredco's use of the "Harvard" mark falsely suggested a connection to Harvard University without authorization. As the owner of the famous "Harvard" trade name, Harvard University is entitled to protection of the name in the

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    88 views1 page

    Fredco Manu. Corp Vs President & Fellows of Harvard

    Uploaded by

    Mark Gabriel B. Maranga
    Fredco Manufacturing Corporation filed a petition to cancel the registration of Harvard University's "Harvard Veritas Shield Symbol" mark used on bags and t-shirts. Fredco alleged that it or its predecessor New York Garments was the first to use and register the "Harvard" mark in the Philippines for clothing in 1936. However, Harvard University argued it has lawfully owned the "Harvard" name and mark worldwide, including in the Philippines, since 1872. The Supreme Court ruled in favor of Harvard University, finding that Fredco's use of the "Harvard" mark falsely suggested a connection to Harvard University without authorization. As the owner of the famous "Harvard" trade name, Harvard University is entitled to protection of the name in the

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Fredco Manufacturing Corporation v.

    President and Fellows of Harvard


    College (G.R. No. 185917)

    Facts:

    Petitioner Fredco Manufacturing filed a petition to cancel the registration of respondent’s


    mark ‘Harvard Veritas Shield Symbol’ used in products such as bags and t-shirts. Fredco
    alleges that the mark ‘Harvard’ was first used and registered by New York Garments, a
    domestic corporation and its predecessor-in-interest, used in its clothing articles.
    Respondent Harvard University on the other hand, alleges that it is the lawful owner of
    the name and mark in numerous countries worldwide including in the Philippines which
    was used in commerce as early as 1872. Respondent further contend that it never
    authorized any person to use its name or mark in connection with any goods in the
    Philippines. The IPO Bureau of Legal Affairs cancelled respondent’s registration of the
    mark but only over the goods which are confusingly similar with that of petitioner. IPO
    reversed the decision. CA affirmed.

    Issue:

    Whether or not respondent’s trade name is infringed.

    Ruling: YES.

    Fredco’s use of the mark “Harvard,” coupled with its claimed origin in Cambridge,
    Massachusetts, obviously suggests a false connection with Harvard University. On this
    ground alone, Fredco’s registration of the mark “Harvard” should have been disallowed.
    Indisputably, Fredco does not have any affiliation or connection with Harvard University,
    or even with Cambridge, Massachusetts. Fredco or its predecessor New York Garments
    was not established in 1936, or in the U.S.A. as indicated by Fredco in its oblong logo.

    Under Philippine law, a trade name of a national of a State that is a party to the Paris
    Convention, whether or not the trade name forms part of a trademark, is protected
    “without the obligation of filing or registration.” “Harvard” is the trade name of the
    world famous Harvard University, and it is also a trademark of Harvard University.

    Under Article 8 of the Paris Convention, as well as Section 37 of R.A. No. 166, Harvard
    University is entitled to protection in the Philippines of its trade name “Harvard” even
    without registration of such trade name in the Philippines. This means that no educational
    entity in the Philippines can use the trade name “Harvard” without the consent of Harvard
    University. Likewise, no entity in the Philippines can claim, expressly or impliedly
    through the use of the name and mark “Harvard,” that its products or services are
    authorized, approved, or licensed by, or sourced from, Harvard University without the
    latter’s consent.

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