Case Digest: Elidad Kho and Violeta Kho, petitioners vs. Summerville General Merchandising & Co., Inc (G.R. No. 213400 August 4, 2021)
Facts: Petitioners Elidad Kho and Violeta Kho were charged with unfair competition by respondent Summerville General Merchandising & Co., Inc. before the City Prosecutor's office in Manila. The issue stems from the petitioner engaging in business with the KEC Cosmetic Laboratory with the purpose of deceiving the public by selling and disposing of facial cream products using tools, implements, and equipment in production, labeling, and distribution which give and depict the general appearance of Chin Chun Su facial creams in which the respondent herein are the legitimate importer and distributor. Issue: Whether or not there is unfair competition in the acts done by Kho against Summerville. Ruling: Yes, unfair competition sets in. The essential elements for action for unfair competition are: 1. Confusing similarity in the general appearance of the goods 2. Intent to deceive the public and defraud competitors. The confusing similarity may or may not result from the si...