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Conviction of Infringer Upheld By Appeals Court
October 23, 2007

Mr. Eugene Li, the owner and manager of Supergreen, Inc., had been previously convicted of trademark infringement, unfair competition and copyright infringement by Branch 258 of the Paranaque City Regional Trial Court. He was sentenced to more than 6 years of imprisonment. 

The case arose from a raid conducted by the NBI in 2001 on 3 locations of Supergreen, Inc. which resulted in the seizure of thousands of pirated Playstation CD’s, counterfeit Playstation consoles, and even a replicating machine. 

He appealed his conviction to the Court of Appeals (CA), raising questions on the chain of custody of the evidence and whether Sony Playstation had indeed established goodwill in the country and all over the world. 

The appeals court dismissed his arguments as “deserving of scant consideration.” The transcripts of the trial court were reviewed and cited by the appeals court. “We find that said portions were quoted out of context (by respondent)” The tribunal clearly ruled that the private prosecution (BNU) “was able to establish the chain of custody.” 

Significantly, the CA categorically ruled: “This court takes judicial notice that indeed, private complainant Sony Computer Entertainment Inc. has already established goodwill, not only in this country but all over the world. 

The CA Decision (CA-G.R. No. 29400) was promulgated on 28 September 2007 by the 13th Division, and was penned by Justice Gonzales-Sison.

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Bengzon Negre Untalan
Intellectual Property Attorneys

2nd Floor SEDCCO Building
Rada cor Legaspi Streets
Makati City, Metro Manila
1229 Philippines

Ph: (632) 813.0120
(632) 892.3228
(632) 892.3252
(632) 751.2713
 
Fax: (632) 894.2073
 
E-mail: bnu@iplaw.ph
URL: www.iplaw.ph