Dominancy test determines trademark similarity
Philippines
Legal updates: case law analysis and intelligence
A recent Supreme Court decision shows how the Philippines courts must look at elements of the dominancy test to determine trademark similarity. In Seri Somboonsakdikul vs Orlane SA, the Supreme Court ruled that LOLANE was not a colourable imitation of ORLANE due to distinct visual and aural differences that were discerned using the dominancy test.
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