Reaction to the column of Mr. Vic Agustin

We write regarding the article entitled “Battle of Xmas ham: CDO ordered to stop copycat packaging on Purefoods’ complaint”, column of Mr. Vic Agustin published on  Sept. 23, 2013 in the  The Philippine STAR.

May we raise certain points in the said  article that requires clarification, lest it may lead to undue confusion to the public.  As you well know, the case reported involves the issue of likelihood of confusion between two competing trademarks/products.  Hence, it is necessary for your respected newspaper to be circumspect, unbiased and balanced in  reporting.

The case Purefoods filed against CDO in 2010 was not only for unfair competition, but also for Trademark Infringement. Purefoods complained that CDO’s trademark “PISTA” was an infringement of its trademark “Purefoods Fiesta Ham.”

The Bureau of Legal Affairs (BLA) and the Director General (DG) had both dismissed Purefoods’ complaint for trademark infringement, and held that PISTA is a validly subsisting and existing trademark owned by CDO. 

The DG held, in the very same decision that your newspaper reported, that CDO “cannot be held liable for trademark infringement. These marks are not visually or aurally similar and the glaring differences in the presentation of these marks will prevent any likely confusion, mistake or deception to the purchasing public.” Regrettably, by deliberate design or otherwise, your columnist  failed to indicate this in your published article.

Worse, your columnist reported, albeit falsely, that the DG has ordered CDO to stop using the PISTA “signage for being confusingly similar to San Miguel Purefoods’ Fiesta holiday ham”, notwithstanding the quoted ruling.   

Nonetheless, if only to assuage all those concerned, CDO had long ceased using the packaging which Purefoods had complained of, per the Petition it has filed in 2010.    

Insofar as concerns CDO, the public may be rest assured that it is dedicated to observing and maintaining the highest standards in providing the public with the best ham products this coming Holiday season, and it abhors and rejects any insidious machinations to sell and market them.

In the spirit of fair and balanced reporting, we trust that you will give us equal space and publish our reaction to Mr. Agustin’s article. Thank you very much.

Very truly yours,

Jonathan Bendicion

Assistant Vice President for Marketing

CDO Foodsphere Inc.