Del Monte Philippines, Inc.

August 3, 1988 Del Monte Philippines, Inc. (Formerly: Philippine Packing Corp.) 2263 Pasong Tamo Ext., Makati Metro Manila Attention : Mr . Juanito R . Ignacio Secretary/Treasurer Sir: This refers to your letter, dated July 12, 1988, requesting the Commission to restrain the appropriation and use of the name "Philippine Packing Corporation" by other persons for the next five (5) years. cdlex Record shows that in May 1988, the Commission approved the amended articles of incorporation of "Philippine Packing Corporation" changing its name to "Del Monte Philippines, Inc.". The company still has to consume and dispose of all its inventory of finished products, items in process, products, labels and packaging materials bearing the previous name, Philippine Packing Corporation. Moreover, said name had established a common reputation of public interest for a period of 62 years, and the same has continued to be associated with the company. It is therefore your contention that confusion, not to mention infringement of goodwill, will arise should some other persons be permitted to appropriate your previous name. Hence, the present request. The Commission in a previous opinion had occasion to rule that the mere fact that the former name is indicated in the Certificate of Filing of Amended Articles of incorporation would militate against anyone from using said name, and therefore, said previous name can no longer be appropriated or used by any other person. ( Letter to Honphil Securities & Development Corporation, dated January 21, 1985 ) Likewise, in a subsequent opinion of the Commission, ( Letter to Mr. Primer Leonen, BPI, dated August 22, 1985 ), the following foreign jurisprudence were articulated and applied, to wit: "The right to use a corporate name may pass to an assignee or transferee of the goodwill and assets of the corporation, even to a purchaser of the assets of a bankrupt corporation, provided, of course, the name is listed as part of the assets." (6 Fletcher Cyc. Corp., p. 11, citing Theobald, Jansen Elec. Co. v. Harvey L. Wood Elec. Co., 285 F 29) "A new corporation, however, which has acquired the property and name of a dissolved corporation is in the same position as the original corporation would have been had it continued to exist, and may, in a proper case, enjoin the use of such name by another." (6 Fletcher, Supra., p. 52, citing Herring-Hall Marvin Safe Co. v. Hall's Safe Co., 208 US 554, 52 L. Ed. 616, 28 S. Ct. 350). In view of the foregoing, your request is hereby granted. Henceforth, the Commission shall endeavor to restrain the use of the name "Philippine Packing Corporation" by another person/s for at least a period of five (5) years. Very truly yours, (SGD.) JULIO A. SULIT, JR. Chairman