An injunction case filed against businesswoman Catherine Brios Cabuga by her estranged husband, Francis Rey Cabuga, in connection with the proliferation of alleged fake food supplement products has been “dismissed without prejudice” by Bacolod Regional Trial Court Judge Eduardo Sayson.
Francis Rey alleged that the herbal dietary supplement capsules are being produced by defendant, Catherine, Interchemex Laboratories Inc. for Franskate Marketing, who further claimed that his registered trademark Koi has been infringed.
In dismissing the case, Sayson, in his two-page decision dated Oct. 23, copies of which were distributed to the media by Jomax Oritz, counsel of Catherine, stated that “the instant case is not a regular civil action for injunction with damages as it involves the violation of RA 8293, also known as the Intellectual Property Code of the Philippines, which fall under the jurisdiction of a Special Commercial Courts”.
“This court is a court of general jurisdiction and cannot take cognizance of the case which falls under the exclusive jurisdiction of the designated Special Commercial Court, therefore it cannot lawfully exercise jurisdiction over the case,” Sayson added.
A motion for reconsideration was filed by Erfe Del Castillo, counsel of Francis Rey Cabuga on the dismissal of the case for lack of jurisdiction.
Del Castillo maintained that “this case is an ordinary case for injunction and damages”.
Ortiz, meanwhile, said that the dismissal of the injunction case filed against his client is a “partial victory.” At the same time, he said he also believes that the motion for reconsideration filed by the complainants will likewise be dismissed.
Catherine said she will continue to fight for what she considers as hers, stressing that it was her family that started Koi while her estranged husband was still working as a seafarer.*
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