Choco drink manufacturer hails quash order on raid

More than two months after National Bureau of Investigation (NBI) agents, accompanied by Nestle executives, raided the Chocquik factory in Navotas, a Muntinlupa court has quashed the "improperly obtained" search warrant, and ordered the NBI "to immediately return all the articles and properties seized from Columbia by virtue of such search warrants.

"The three-page decision handed down by Judge Alberto Lerma of Muntinlupa Regional Trial Court Branch 256 came after weeks of intense court battles.

In his decision, Lerma said that after finding sufficient opportunity to carefully scrutinize, examine, and compare both products "this jurisdiction finds that there is no probable cause that Columbia’s Chocquik products constitute an infringement on Nestle’s trademark or an act of unfair competition.

Under the circumstances, this court has no option but to recall the search warrants thus issued to correct the initial mistake it has committed.

"On Nestle’s allegations of copyright violations, the court was fully convinced that Chocquik could not be mistaken for Milo based on comparative analysis made.

"Clearly, the only perceptible similarity between the two products is the presence of more or less similar shades of colors in their respective packages. However, Nestle has asserted no right to the exclusive use of the combination of these colors, especially where Chocquik used them in vastly different proportions and designs," the judge said.

Lerma said that had the court known beforehand that Nestle’s purpose was to stop Columbia from continuing the manufacture and sale of Chocquik openly as it had been doing for about 10 months since June 2005, "this jurisdiction would not have issued the subject warrants.

"Chocquik executives hailed the decision as "a vindication, the triumph of truth."

"The quash order finally puts to rest insinuations that Columbia is an underground company covertly infringing or copying products," the company said.

Columbia International Food Products Inc. makers of Chocquik Instant Choco Malt Drink, vowed all out efforts to provide Filipino consumers with a high quality instant choco malt drink that is proudly Philippine-made and at an affordable cost.