Intel Corp., et al. vs. Intel Communication Trading Corp.

June 4, 2009 SEC CASE NO. 07-00-6671 INTEL CORPORATION, INTEL TECHNOLOGY PHILIPPINES, INC. and INTEL PHILIPPINES MANUFACTURING, INC. , petitioners , vs . INTEL COMMUNICATION TRADING CORPORATION , respondent . ORDER For consideration is the Manifestation of the Petitioner dated 17 April 2009, which prays for the Commission's issuance of a Writ of Execution "enjoining, among others, respondent's continued use and appropriation of the Intel trademark and trade name." Records of the case reveal the following: On 13 May 2003, the Securities and Exchange Commission (SEC) issued a Resolution considering the Petition meritorious and directing the respondent to "AMEND its name by DELETING the word INTEL." The same was elevated by the respondent to the Court of Appeals by a petition for review under Rule 43 of the 1997 Rules of Civil Procedure. 1 On 29 July 2008, the Court of Appeals issued a Decision dismissing the petition for lack of merit. In the same vein, the motion for reconsideration of the petitioner (herein respondent) was denied in the Resolution dated 06 October 2008. Respondent's petition for certiorari assailing the above Decision and Resolution was dismissed by the Supreme Court in a Resolution dated 24 November 2008. This Resolution became final and executory on 02 February 2009 pursuant to the Entry of Judgment issued by the Supreme Court. However, records of the Commission reveal that respondent corporation's Certificate of Registration was revoked on 15 March 2004 for non-compliance with the reportorial requirements. IcESDA In view thereof, there is no more need for the issuance of a Writ of Execution. WHEREFORE, premises considered, the prayer in the instant Manifestation is hereby DENIED for being MOOT and ACADEMIC. SO ORDERED. Mandaluyong City, June 4, 2009. By authority of the Commission En Banc: (SGD.) VERNETTE G. UMALI-PACO General Counsel Footnotes 1. The case was entitled Intel Communication Trading Corporation vs. Intel Corporation, Intel Technology Philippines, Inc. and Intel Philippines Manufacturing, Inc., docketed as CA-G.R. SP No. 80608.