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Kentex execs face raps

The Court of Appeals has reversed the ruling of the Department of Justice as it ordered the filing of a trademark infringement case against officials of Kentex Corp. in Valenzuela City.

In a decision written by Associate Justice Ramon Paul Hernando, the CA granted the petition filed by Sao Paolo Alpargatas S.S., manufacturer of the world-reknown “Havaianas” sandals.

Reversed by the CA were the May 28, 2013 and December 5, 2013 resolutions of the DoJ that dismissed the infringement case filed by SPASA against Kentex, manufacturer of “Havana” sandals that are said to be colorable imitations of SPASA’s “Havaianas.” SPASA charged before the prosecutor’s office for trademark infringement and damages were Ong King Guan and Mary Grace Ching, treasurer and general manager and corporate secretary, respectively, of Kentex. When its complaint was dismissed by the prosecutor, it elevated the issue before the DoJ which affirmed the dismissal.

SPASA filed an appeal before the CA. Resolving the issue, the CA ruled that the DoJ committed a grave abuse of discretion in affirming the dismissal of SPASA’s criminal complaint. (Rey G. Panaligan and Leonard D. Postrado)