Intellectual Property

Non-Competing Goods

What is meant by non-competing goods?

 

Those which, though they are not in actual competition, are so related to each other that it might reasonably be assumed that they originate from one manufacturer. Non-competing goods may also be those which, being entirely unrelated, could not reasonably be assumed to have a common source. In the case of related goods, confusion of business could arise out of the use of similar marks; in the latter case of non-related goods, it could not. The vast majority of courts today follow the modern theory or concept of "related goods" which the court has likewise adopted and uniformly recognized and applied. (Esso Standard Eastern, Inc. v. CA, G.R. No. L-29971, Aug. 31, 1982)


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