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Question 12

2023 Bar · Mercantile Law · 1 sub-question

12. Kagandahan Corporation (KC) has been manufacturing medicated facial creams with the brand name “Kutis” since 2010. The facial creams are contained in pink, oval-shaped containers. However, KC did not secure a trademark registration for the brand name and the packaging. Later, upon discovering that there is no existing trademark registration in favor of KC, Bighani Corporation (BC) manufactured its own facial creams using different ingredients and procedure but under the trademark “Kutis” and sold the facial creams in pink, oval-shaped containers similar to those sold by KC. However, the label of BC specifically indicates that it is manufactured by BC. Is BC liable for Unfair Competition? Discuss your answer.

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