Yellow Cab pizza wins suit vs Green Cab

Posted at 10/09/2008 5:10 PM | Updated as of 10/10/2008 7:11 PM

Yellow Cab Food Corporation, a pizza restaurant chain specializing in New York-style pizzas, has won a trademark infringement case against rival, Green Cab Pizza Haus, after it accused the latter of copying its trademark.

In its decision, the Intellectual Property Office of the Philippines (IP Philippines) said Green Cab illegally copied Yellow Cab's trademark logo to deceive the public that the two pizza stores are affiliated with each other.
 
“The function of the trademark is to point out distinctly the origin or ownership of the goods to which it is affixed…to assure the public that they are procuring the genuine article,” the decision penned by Director General Adrian Cristobal said.

Cristobal said Green Pizza used a similar albeit differently colored logo to ride on the good will and public faith that Yellow Cab had already established with consumers.

The management of Yellow Cab said the company has already received telephone inquiries where the callers mistook Green Cab Pizza Haus to be associated with Yellow Cab Pizza.

The government office issued a preliminary and permanent injuction order to stop Green Cab from using the copyrighted trademark. It ordered Green Cab to pay the complainant P300,000 in damages and P100,000 in attorney’s fees to Yellow Cab.