Prosource International v. Horphag Research Management Sa

Summary

This trademark infringement case involved Swiss corporation Horphag Research Management SA's registered trademark PYCNOGENOL against Philippine corporation Prosource International Inc.'s use of PCO-GENOLS from 1996-2000. Despite petitioner's voluntary discontinuation of the infringing mark before litigation, all three court levels ruled in favor of respondent. The Supreme Court applied the Dominancy Test, finding the marks confusingly similar due to shared suffix 'GENOL' and similar aural effects, particularly problematic since both were food supplements. The Court emphasized that likelihood of confusion is the gravamen of trademark infringement, and factual findings of similarity by lower courts were binding. The decision reinforced that trademark infringement liability exists regardless of voluntary cessation after the infringing acts occurred, awarding attorney's fees as just and equitable under the circumstances.