Nestle Vs Puregold
Nestle Vs Puregold
Nestle Vs Puregold
217194
SOCIETE DES PRODUITS,
NESTLE, S.A.
(Petitioner)
it is without merit
petitioner filed beyond the 15-day
reglementary period. (Under Rule 43,
Section 4 of the Rules of Court)
THE ISSUES
Nestle presented the following issues:
1. The Honorable Court of Appeals
erred in dismissing petitioner's motion for
reconsideration upon an erroneous
appreciation of certain antecedent facts,
and similarly erred in dismissing the petition
for review on procedural grounds.
2. There is merit to the substantive
issues raised by petitioner, which deserves
to be given due course and a final ruling.
The Ruling of this Court
“WE DENY THE PETITION.”
Procedural issues in this case:
Nestle filed its petition for review
within the period granted by the Court of
Appeals.
The CA dismissed Nestle's petition for
review on the ground that Nestle filed its
petition for review after the 15-day
reglementary period required by Section
4, Rule 43 of the Rules of Court.
Under Rule 43, Section 4 of
the Rules of Court (Period of
Appeal)
within fifteen (15) days
Only one (1) motion for reconsideration
shall be allowed.
may grant an additional period of fifteen
(15) days
March 14, 2014 March 27, 2014
Doc. No. ;
Page No. ;
Book No. ;
Series of 200_.
Failure to comply
not be curable by mere amendment of
the complaint
cause for the dismissal of the case
without prejudice, unless otherwise
provided, upon motion and after
hearing.
Juridical persons
cannot personally sign the certification
against forum shopping
must act through an authorized
representative.
exercise of corporate powers is lodged
with the board of directors
selected or authorized collectively by the
board of directors.
Nestle acknowledged that:
there is no board resolution and/or
secretary's certificate to prove the
authority of Dennis Jose R. Barot to file
the petition and Verification/Certification
of NonForum Shopping on behalf of
petitioner-corporation
there is a Power of Attorney evidencing
such authority
The power of attorney was signed by
Celine Jorge.
the authority of Celine Jorge was not
accompanied by a board resolution or
secretary's certificate from Nestle
showing that Celine Jorge was authorized
by the board of directors of Nestle to
execute the power of attorney in favor of
Barot.
Puregold's mark
may be registered.
The word "COFFEE" is the common
dominant feature.
the word "COFFEE" cannot be exclusively
appropriated since it is generic or
descriptive of the goods they seek to
identify.
we must look at the word or words paired
with the generic or descriptive word
We agree with the findings of the BLA-IPO
and ODG-IPO.
distinctive features of both marks are
sufficient to warn the purchasing public
"MATCH" rendered a visual and aural
character
the eyes and ears of the consumer would
not mistake Nestle's product for
Puregold's product.
likelihood of confusion their product does
not exist
upholds the registration of Puregold's
mark