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Asia Brewery Trademark Case Analysis

In 1988, San Miguel Corporation filed a case against Asia Brewery claiming Asia Brewery's "Beer na Beer" infringed on San Miguel's trademark of "San Miguel Pale Pilsen" because the bottles were confusingly similar. The trial court favored Asia Brewery but the appellate court reversed. The Supreme Court then ruled in favor of Asia Brewery, finding no infringement using the holistic test to consider all circumstances and comparing the trademarks in their entirety.

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205 views1 page

Asia Brewery Trademark Case Analysis

In 1988, San Miguel Corporation filed a case against Asia Brewery claiming Asia Brewery's "Beer na Beer" infringed on San Miguel's trademark of "San Miguel Pale Pilsen" because the bottles were confusingly similar. The trial court favored Asia Brewery but the appellate court reversed. The Supreme Court then ruled in favor of Asia Brewery, finding no infringement using the holistic test to consider all circumstances and comparing the trademarks in their entirety.

Uploaded by

GeanelleRicanorEsperon
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
  • Facts of the Case
  • Issue
  • Decision

Asia Brewery vs.

Court of Appeals
224 SCRA 437

Facts of the Case

On September 1988, San Miguel Corporation filed a case against petitioner for infringement of
trademark on their beer product popularly known as “San Miguel Pale Pilsen” and that of Asia
Brewery’s “Beer na Beer” which allegedly created confusion between the two products

It alleged that the bottles used by Asia brewery were confusingly similar to those used by San
Miguel Corporation in the packaging of their beer.

The trial court favoured Asia Brewery in its claim but was reversed by the appellate court on
appeal.

Issue

Whether or not the court erred in its decision favouring Asia Brewery

Decision

No.

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

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

Asia Brewery vs. Court of Appeals 224 SCRA 437 Facts of the Case On September 1988, San Miguel Corporation filed a

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