Shangri-La Vs DGCI Digest
Shangri-La Vs DGCI Digest
Shangri-La Vs DGCI Digest
(SLIHM)
Vs. Developers Group of Companies, Inc. (DGCI)
NATURE:
petition for review on certiorari of the
resolution of the Court of Appeals
decision
&
FACTS:
petitioners (Shangri-La) assail to set & seek to set aside
the decision of the Court of Appeals & its resolution w/c
affirmed w/ modification an earlier decision of the RTC of
QC, an action for infringement & damages threat
commenced by respondent (DCGI) against them.
core of this controversy: Shangri-La mark & S logo.
Respondent DGCI claims ownership of said mark & logo in
the Philippines.
Bureau of Patents, Trademarks & Technology Transfer
(BPTTT) issued DGCI a certificate of registration (may 31,
2983) and since then, DGCI started using the Shangri-La
& S in its restaurant business.
on the other hand, Kuok family (owns & operates a chain
of hotels & hotel-related transactions since 1969) adopted
the name Shangri-La as part of corporate names of all
companies under the Kuok Grp. Of Companies as far back
as 1962. Name Shangri-La has been used in all their
hotels & hotel-related establishments worldwide.
And for centralization purposes= they use Shangri-La &
S logo in their hotels in places such as Singapore and
Hong Kong. They also incorporated it in the Phils. In the
beginning of 1987 in Edsa Shangri-La (Mandaluyong) &
Makati Shangri-La (Makati)
the fact that international law has been made part of the
law of the land does not any means imply the primacy of
international law over national law in the municipal sphere.
Under the doctrine of incorporation as applied in most
countries, rules of international law are given equal footage
petitioners separate personalities
from their mother
corporation be an obstacle in the enforcement of their rights
as part of Kuok Grp of Companies