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Question 12
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.
Model answer · ALAC
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