Trademark infringement vs. unfair competition
In Del Monte Corporation vs. Court of Appeals, the Supreme Court distinguished trademark infringement from unfair competition:
- Infringement of trademark is the unauthorized use of a trademark, whereas unfair competition is the passing off of one's goods as those of another.
- In infringement of trademark fraudulent intent is unnecessary, whereas in unfair competition fraudulent intent is essential.
- In infringement of trademark the prior registration of the trademark is a prerequisite to the action, whereas in unfair competition registration is not necessary.