Fastfood chain's right over brand name upheld by IPO

MANILA, Philippines- A local fastfood chain has preserved its right over its brand name through the mediation proceedings conducted by the Intellectual Property Office Philippines (IPOPHL).

Binalot Fiesta Foods Inc. (BFFI), a 14-year-old quick service restaurant with more than 35 branches nationwide, has been recognized by the IPOPHL as the only entity that can use the name “Binalot” in its establishments.

BFFI filed a case against another restaurant named Nid’s Binalot in 2007, but the case had dragged on due to the tedious process of litigation.

Fortunately, the IPOPHL under its new head, Director General Ricardo Blancaflor, has made the referral of cases to the mediation office mandatory, resulting in a virtual fast tracking of the resolution of intellectual property conflicts. This is in line with the vision of IPOPHL in a demystified, development oriented, and democratized IP System by 2020.

Vilmi Quipit, executive director for mediation of IPOPHL, said it is human nature to win. “Everybody wants to win. In mediation, everybody wins,” she said.

She noted that BFFI owner, young businessman Rommel Juan, initially sued Nid’s for P1 million in damages yet after four years of legal battle, Juan realized that the case was going nowhere.  

“It was timely then that the IPOPHL had introduced mediation proceedings as an option last year, and made its referral mandatory starting Jan. 31 this year. The case was put under mediation on March 2 and an agreement was finally achieved by May 5,” she explained.

Interviewed over the phone, Juan said his agreement with Nid’s is for the latter to change its name and to pay for his lawyer fees only (instead of the P1 million damages).

Nid’s agreed to both terms and is now changing its brand name to Nid’s Balot and Bilao.

“This is win-win deal for both of us. The Binalot brand will become stronger because of this,” Juan said.

Binalot, which literally means “wrapped” in Tagalog, started in 1996 as a small restaurant in Jupiter, Makati. It has now expanded to a full-pledged fast food chain, with branches in Metro Manila and nearby provinces, most of them franchises.