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Question XV
XV. A distinctive-tasting pastillas is well-known throughout the country as having been developed within a close-knit women's group in Barangay San Ysmael which is located along a very busy national highway. Its popularity has encouraged the setting up of several shops selling similar delicacies, with the most famous product being the pastillas of "Barangay San Ysmael." Eventually, the pastillas of Aling Voling under the brand name "Ysmaellas" began to attract national distinction. Aling Voling therefore registered it as a copyright with the National Library. Her neighbor, Aling Yasmin, realizing the commercial value of the brand, started using the term "Ysmaellas" for her pastillas but used different colors. Aling Yasmin registered the brand name "Ysmaellas" with the Intellectual Property Office (IPO).
(a)(a) Can Aling Voling successfully obtain court relief to prohibit Aling Yasmin from using the brand name "Ysmaellas" in her products on the basis of her (Aling Yoling's) copyright? What is the difference between registration as a copyright and registration as a trade or brand name? (2.5%)
(b)(b) Can Aling Yasmin seek injunctive relief against Aling Voling from using the brand name "Ysmaellas," the latter relying on the doctrine of "prior use" as evidenced by her prior copyright registration? (2.5%)
(c)(c) Can Aling Voling seek the cancellation of Aling Yasmin's trademark registration of the brand name "Ysmaellas" on the ground of "Well Known Brand" clearly evidenced by her (Aling Yoling's) prior copyright registration, actual use of the brand, and several magazine articles? (2.5%)
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