SMC wins vs. Tanduay on Ginebra Kapitan case

THE Court of Appeals (CA) ordered Tanduay Distillers Inc. (TDI) to stop manufacturing and sale of its “Kapitan” gin brand in connection with the lawsuit for alleged trademark infringement and unfair competition filed by Ginebra San Miguel Inc. (GSMI).

In a 21-page decision penned by Associate Justice Isaias Dicdican and concurred in by Associate Justices Nina Antoni-Valenzuela and Victoria Isabel Paredes, the CA’s Special Thirteenth Division granted the petition for review filed by GSMI as it reversed and sets aside the July 25, 2012 decision as well as the October 5, 2012 Order of the Regional Trial Court (RTC), Branch 211 of the National Capital Judicial Regional in Mandaluyong City in favor of TDI.