CA to lower court: Stop TRO vs Ginebra Kapitan

The Court of Appeals (CA) has barred a Mandaluyong judge from enforcing a restraining order that stopped the production and sale of Ginebra Kapitan, the newest gin brand of Tanduay Distillers, Inc.

In a two-page resolution dated Nov. 10, 2003, the appellate court likewise prevented Judge Edwin Sorongon of the Mandaluyong Regional Trial Court’s Branch 214 from further proceeding with the case filed against Tanduay by its rival Ginebra San Miguel, Inc. (GSMI), until further orders.

Penned by Associate Justice Andres B. Reyes Jr. of the Court of Appeals’ second division, the resolution was concurred in by Associate Justices Buenaventura J. Guerrero and Regalado Maambong.

The CA’s TRO gives Tanduay the opportunity to resume production and sale of Ginebra Kapitan for its growing legion of loyal customers who prefer its high-quality, smooth taste and affordable price.

Earlier, the country’s oldest rum maker questioned before the Court of Appeals the issuance by Judge Sorongon of a preliminary injunction last Oct. 17 which indefinitely barred Tanduay from producing and selling Ginebra Kapitan. The injunction stemmed from a multi-million peso suit filed by GSMI against Ginebra Kapitan claiming alleged "confusing similarity" between the two competing brands, including use of the word "ginebra" which GSMI claims as its own.

Arguing that "ginebra" is a Spanish generic term which cannot be appropriated by anyone, Ginebra Kapitan filed a P112-million countersuit versus GSMI.

It claimed that GSMI’s complaint "was filed for no apparent purpose except to embarrass, annoy and inconvenience Tanduay and to besmirch its reputation."

The firm also provided the court with samples and photographs of the two brands to show the marked difference between the competing gin products.

Tanduay said that a comparison of the two competing products would show that the labels are totally different. The colors, words, as well as shapes, forms, illustrations, layout, font types and sizes, and brands on the labels are likewise different.

The firm also said that Ginebra Kapitan’s bottle is taller, slimmer and sealed with a pilfer-proof twist cap which is superior to Ginebra San Miguel’s crown or "tansan" cap.

"In view of the absolute difference in the trademarks, labels and bottles of the competing brands, there is no confusing similarity. Tanduay Distillers is not passing off Ginebra Kapitan as Ginebra San Miguel," Tanduay stressed.