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AllBar 2024COMMERCIAL AND TAXATION LAWSVI. INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES (R.A. No. 8293)B. Trademarks5. Trademark Infringement - Section 155

Question

Trademark Infringement - Section 155

Alice, a well-known beverage manufacturer, has registered her trademark "FizzLicious" for her line of carbonated drinks in the Philippines. The trademark consists of a distinctive logo and slogan. Alice has been successfully using this trademark in the market for several years.

Bob, a competitor in the beverage industry, recently started selling his own line of carbonated drinks that bear a striking resemblance to Alice's "FizzLicious" products. The labels on Bob's products feature a similar logo and slogan, which are likely to cause confusion among consumers.

Concerned about potential trademark infringement, Alice seeks legal advice and wants to assert her rights. Discuss the elements of trademark infringement under Section 155 of the Intellectual Property Code of the Philippines that Alice needs to establish for a successful claim against Bob. Provide a comprehensive analysis of each element and explain how Alice can prove that Bob's actions constitute trademark infringement.

Additionally, discuss what potential defenses Bob may raise to refute Alice's claim and how these defenses would affect the outcome of the case.




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Bar Review Question: Trademark Infringement - Section 155 Alice, a well-known beverage manufacturer, has registered her