ASIA BREWERY V. COURT OF APPEALS

224 SCRA 437

FACTS:

SMC filed a case against petitioner for infringement of trademark. It alleged that the bottles used by Asia Brewery were confusingly similar to those used by SMC in the packaging of its beer. The trial court held in favor of Asia Brewery but was reversed in the appellate court.

HELD:

Using the holistic test, wherein all circumstances were given consideration, there was no infringement committed by petitioner. There are two tests available for colorable imitation. One is the dominancy test. If the form, marks, contents, words of other special arrangement or general appearance of the two marks or devices are such as would likely mislead persons in the ordinary course of purchasing the genuine article, then the similarity is such as would entitle the opposer to equitable protection.

Under the holistic test, on the other hand, the opposing trademarks are compared in their entirety to determine confusing similarity.