Sie sind auf Seite 1von 1

Mirpuri v.

CA (1999)

Lolita Escobar applied for the trademark BARBIZON for


use of ladies undergarment. US corporation Barbizon Corp.
opposed, but Escobar won. Escobars trademark cancelled,
because she did not file an affidavit of use. Escobar reapplied,
but Barbizon Corp. opposed again. Escobar invoked res
judicata, but the Supreme Court said that res judicata does not
apply, because the issue in the first opposition is confusing
similarity, while the issue in the second opposition is ownership
of trademark. The Court also mentioned the three-fold function
of trademarks: (1) They indicate origin or ownership of the
articles to which they are attached: (2) They guarantee that
those articles come up to a certain standard of quality; and (3)
They advertise the articles they symbolize.

Kho v. CA and Summerville General Merchandizing


(2002)

Das könnte Ihnen auch gefallen