Evid_from Juan.pdf - SECOND DIVISION G.R No 221732 FERNANDO U JUAN Petitioner v ROBERTO U JUAN(SUBSTITUTED BY HIS SON JEFFREY C JUAN AND LAUNDROMATIC

Evid_from Juan.pdf - SECOND DIVISION G.R No 221732 FERNANDO...

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SECOND DIVISION G.R. No. 221732, August 23, 2017 FERNANDO U. JUAN , Petitioner , v. ROBERTO U. JUAN (SUBSTITUTED BY HIS SON JEFFREY C. JUAN) AND LAUNDROMATIC CORPORATION , Respondents . D E C I S I O N PERALTA, J. : For this Court's resolution is the Petition for Review on Certiorari under Rule 45 of the Rules of Court dated January 25, 2016, of petitioner Fernando U. Juan that seeks to reverse and set aside the Decision 1 dated May 7, 2015 and Resolution 2 dated December 4, 2015 of the Court of Appeals (CA) dismissing his appeal for failure to comply with the requirements of Section 13, Rule 44 and Section 1, Rule 50 of the Rules of Court. The facts follow. Respondent Roberto U. Juan claimed that he began using the name and mark "Lavandera Ko" in his laundry business on July 4, 1994. He then opened his laundry store at No. 119 Alfaro St., Salcedo St., Makati City in 1995. Thereafter, on March 17, 1997, the National Library issued to him a certificate of copyright over said name and mark. Over the years, the laundry business expanded with numerous franchise outlets in Metro Manila and other provinces. Respondent Roberto then formed a corporation to handle the said business, hence, Laundromatic Corporation (Laundromatic) was incorporated in 1997, while "Lavandera Ko" was registered as a business name on November 13, 1998 with the Department of Trade and Industry (DTI) . Thereafter, respondent Roberto discovered that his brother, petitioner Fernando was able to register the name and mark "Lavandera Ko" with the Intellectual Property Office (IPO) on October 18, 2001, the registration of which was filed on June 5, 1995. Respondent Roberto also alleged that a certain Juliano Nacino (Juliano) had been writing the franchisees of the former threatening them with criminal and civil cases if they did not stop using the mark and name "Lavandera Ko." It was found out by respondent Roberto that petitioner Fernando had been selling his own franchises. Thus, respondent Roberto filed a petition for injunction, unfair competition, infringement of copyright, cancellation of trademark and name with/and prayer for TRO and Preliminary Injunction with the Regional Trial Court (RTC) and the case was raffled off at Branch 149, Makati City. The RTC issued a writ of preliminary injunction against petitioner Fernando in Order dated June 10, 2004. On July 21, 2008, due to the death of respondent Roberto, the latter was substituted by his son, Christian Juan (Christian) . Pre-trial conference was concluded on July 13, 2010 and after the presentation of evidence of both parties, the RTC rendered a Resolution dated September 23, 2013, dismissing the petition and ruling that neither of the parties had a right to the exclusive use or appropriation of the mark "Lavandera Ko" because the same was the original mark and work of a certain Santiago S. Suarez (Santiago) . According to the RTC, the mark in question was created by Suarez in 1942 in his musical composition called, "Lavandera Ko" and both parties of the present case failed to prove that they were the originators of the same mark. The dispositive portion of the RTC's resolution reads as follows:
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