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Byline: Nathaniel R. Melican
THE COURT of Appeals has allowed confectioner Cadbury Adams USA, LLC to use the "crunch" trademark on its Chiclets line of chewing gum despite opposition from the maker of a similarly named Nestle chocolate bar.
In a decision promulgated July 20, the appellate court's fourth division reversed a 2009 ruling of the Intellectual Property Office of the Philippines (IPOPhil), which had awarded to Switzerland-based Societe des Produits Nestle, S.A., the exclusive use of the "crunch" trademark.
"Upon consideration of the foregoing in the light of the peculiarity of this case, we rule against the likelihood of confusion resulting in …