NextGen Day

MANILA – The Court of Appeals (CA) upheld a Mandaluyong Regional Trial Court (RTC) decision that sentenced a counterfeit shoe and other item sellers to up to five years in jail.

The CA upheld a Mandaluyong RTC Branch 211 ruling from November 14, 2018 that found Manolo Samson guilty of breaching the Philippine Intellectual Property Code’s provisions against unfair competition.

“The trial court rightly imposed an indeterminable sentence of two years as a minimum to five years as a maximum, as well as a fine of PHP100,000,” the May 11 verdict stated.

Samson, the owner of Itti Shoes Corp., Kolm’s Manufacturing Corp., and Caterpillar Boutique and General Merchandise, marketed and sold counterfeit Caterpillar brand shoes, clothes, clothing, bags, and accessories.

Caterpillar Inc.’s lawyers sought assistance from the National Bureau of Investigation (NBI), which raided Samson’s stores that marketed Caterpillar items on Dec. 5, 2000.

After claims that Samson continued to sell counterfeit goods, other raids were undertaken in numerous locations owned or run by him in Mandaluyong, Quezon City, Manila, Caloocan, Makati, and Paranaque, Las Pinas, Pampanga, and Cavite two years later.

“The accused sought to deceive the public as to the identity of the goods offered or of the maker thereof,” the court stated, adding that “the trial court did not err in finding the accused guilty of unfair competition.”

The Caterpillar trademark was initially applied to track tractors in 1904.

The Caterpillar trademark was first registered in the Philippines in 1968, for tractors, tractor parts, and equipment.

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