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S A N T O T O M A S V I C T O R I N O & M A RT I N

L AW O F F I C E
Penthouse, Sagittarius VI Towers, Ayala Avenue, Salcedo Village, Makati City

30 March 2017

MS. UMA PEREZ DE TAGLE


AVP for Licenses and Operations
En Vogue Manila
Level 6, 6750 Ayala Avenue,
Makati City

Dear Ms. De Tagle:

This refers to your letter dated 16 March 2017 regarding for a


legal opinion on the possible criminal and/or civil liability of Helen
Ready of Ready-to-Win.

Based on the facts presented to us and on the laws and the


jurisprudence applicable to your situation, En Vogue Manila can file a
case against Ready-to-Wear for Infringement of trade name under
the Intellectual Property Code. Infringement is committed by any
person who shall, without the consent of the owner of the registered
mark:
1. Use in commerce any reproduction, counterfeit, copy or
colorable imitation of a registered mark or the same container
or a dominant feature thereof in connection with the sale,
offering for sale, distribution, advertising of any goods or
services including other preparatory steps necessary to carry
out the sale of any goods or services on or in connection with
which such use is likely to cause confusion, or to cause
mistake, or to deceive1; or
2. Reproduce, counterfeit, copy or colorably imitate a registered
mark or a dominant feature thereof and apply such
reproduction, counterfeit, copy or colorable imitation to labels,
signs, prints, packages, wrappers, receptacles or
advertisements intended to be used in commerce upon or in
connection with the sale, offering for sale, distribution, or
advertising of goods or services or in connection with which
such use is likely to cause confusion, or to cause mistake, or to
deceive.

1 Sec. 155.1, RA No. 8293


S A N T O T O M A S V I C T O R I N O & M A RT I N
L AW O F F I C E
Penthouse, Sagittarius VI Towers, Ayala Avenue, Salcedo Village, Makati City

Ready-to-Wear created an impression to its clients, prospective


and existing, that it is authorized to sell the high-end brands at half
the price. Thus, it committed infringement of trade name.

Moreover, En Vogue may institute the filing of criminal and civil


charges against Helen Ready and Ready-to-Win without impleading
your partner European brands.

Should you decide to institute the filing of charges, it is highly


recommended that we take an in depth assessment of the provisions
of your Technical Licensing Agreement with its partner European
brands, conferring to your company the exclusive sales, marketing
and distribution rights on the aforementioned European brands in the
Philippines. Such provisions will aid us in determining the extent of
your rights as an exclusive distributor.

Attached with this Letter is a copy of the legal research of the


firm for your perusal.

Should there be any questions or clarifications, please feel free


to contact us.

Truly yours,

ATTY. MIGUEL MARTIN


Senior Partner