Nos. L-63796-97. May 21, 1984

FACTS:

La Chemise Lacoste, S.A., a well known European manufacturer of clothings and sporting apparels sold in the international market and bearing the trademarks “LACOSTE”, “CHEMISE LACOSTE”, “CROCODILE DEVICE” and a composite mark consisting of the word “LACOSTE” and a representation of a crocodile/alligator. 

In 1975, Hemandas & Co., a duly licensed domestic firm applied for and was issued the Supplemental Register of the trademark “CHEMISE LACOSTE & CROCODILE DEVICE” by the Philippine Patent Office for use on T-shirts, sportswear and other garment products of the company. Thereafter, it assigned to Gobindram Hemandas all rights, title, and interest in the trademark. 

In 1980, La Chemise filed its application for registration of the trademark “Crocodile Device” (Application Serial No. 43242) and “Lacoste” (Application Serial No. 43241).  La Chemise filed with the National Bureau of Investigation (NBI) a letter-complaint alleging therein the acts of unfair competition being committed by Hemandas and requesting their assistance in his apprehension and prosecution. The NBI filed with the trial court two applications for the issuance of search warrants which would authorize the search of the premises used and occupied by the Lacoste Sports Center and Games and Garments both owned and operated by Hemandas.