Nestle wins infringement case vs competitor

ABS-CBN News

Posted at Aug 15 2010 04:06 PM | Updated as of Aug 16 2010 12:06 AM

MANILA, Philippines -- Multinational food and beverage manufacturer Societe Des Produits Nestle, S.A. (Nestle) won in an infringement case it filed against a local distributor of a similar milk brand.

Supreme Court Justice Antonio Carpio ruled that Nestle's registered trademark "NAN" trademark for its line of infant powdered milk products was infringed by the distributor of "NANNY," also a powdered milk product.

Carpio granted Nestle's petition and reinstated the September 18, 1998 decision of the Cebu City Regional Trial Court (RTC) which ruled that the unregistered trade mark NANNY overstepped on Nestle's NAN because the use of NANNY implied that it was also manufactured by Nestle.

NANNY is distributed by 5M Enterprises, owned by Martin T. Dy. The company also imports Sunny Boy adult powdered milk from Australia and repacks the same to 3 sizes of plastic packs bearing the name "NANNY."