10 United Features Syndicate, Inc. vs. Munsingwear AUTHOR: Miguel M.

Consing
Creation Manufacturing Company NOTES:
[G.R. No. 76193; November 9 1989] United Features – United Features Syndicate, Inc.; owners of the
TOPIC: Scope of Copyright copyright to Charlie Brown (yes, the character)
PONENTE: Paras, J.
Munsingwear – Munsingwear Creation Manufacturing Company;
registered a trademark to Charlie Brown so they could print it on a
shirt

Director – Director of the Philippine Patent Office

Final Note: I did not focus on the procedural aspect of the case.
FACTS:
 United Features filed a case to cancel the registration of trademark CHARLIE BROWN in the name of Munsingwear.

 United Features alleged that: (1) Munsingwear is not entitled to the registration of Charlie Brown; (2) United Features owns
the copyright to Charlie Brown; (3) United Features, as the owner, used and reproduced the same to the exclusion of others;
and (4) Munsingwear has no bona fide use of the trademark in commerce in the Philippines prior to its application for
registration.

 The Director ruled against United Features and held that a copyright registration like that of the name and likeness of
CHARLIE BROWN may not provide a cause of action for the cancellation of a trademark registration.

 United Features filed an MR which was denied. It appealed to the CA which denied the appeal. Hence this appeal to the SC
ISSUE(S):
Was Munsingwear entitled to registration of the trademark for Charlie Brown?
HELD/RATIO:
No. Munsingwear is not entitled to the above registration.

Pertinently, Section 2 of Presidential Decree No. 49, otherwise known as the "Decree on Intellectual Property", provides:
Section 2. The rights granted by this Decree shall, from the moment of creation, subsist with respect to any of the following classes of
works:
xxx xxx xxx
(O) Prints, pictorial illustrations, advertising copies, labels, tags and box wraps. ...

Therefore, since the name "CHARLIE BROWN" and its pictorial representation were covered by a copyright registration way back in
1950 the same are entitled to protection under PD No. 49.

Aside from its copyright registration, United Features is also the owner of several trademark registrations and application for the
name and likeness of "CHARLIE BROWN" which is the duly registered trademark and copyright of petitioner United Feature Syndicate
Inc. as early as 1957 and additionally also as TV SPECIALS featuring the "PEANUTS" characters "CHARLIE BROWN"

United Features wins.

CASE LAW/ DOCTRINE:
Section 2 of Presidential Decree No. 49, otherwise known as the "Decree on Intellectual Property", provides:

Section 2. The rights granted by this Decree shall, from the moment of creation, subsist with respect to any of the following classes
of works:

xxx

(O) Prints, pictorial illustrations, advertising copies, labels, tags and box wraps. ...