Gintong Ina/Ama Foundation Inc. vs. National Mother's Day and Father's Day Council, Inc.

[SEC-SICD * CASE NO. 3775. September 26, 1990.] GINTONG INA/AMA FOUNDATION INC. , complainant , vs . NATIONAL MOTHER'S DAY AND FATHER'S DAY COUNCIL, INC. , respondent . D E C I S I O N In its complaint, complainant alleges that it is a civic organization registered with the Securities and Exchange Commission on October 14, 1986, as the Gintong Ina/Ama Foundation, Inc., while the respondents also a civic organization registered with this Commission on February 23, 1988 as the National Mother's Day and Father's Day Council, Inc.; that a cursory reading of the articles of incorporation of the respondent, as well as its modus operandi, will reveal that they are copied almost verbatim from the articles of incorporation and the modus operandi of the complainant; that respondent has been using the name Gintong Ina/Ama Foundation, in its solicitation letters with pre-paid ads in its press releases and has also issued a receipt in its solicitation campaign using the name of the complainant. Conformably, complainant prays that respondent be stopped from using the name of Gintong Ina/Ama Foundation which rightfully belongs to it, inasmuch as the continuance of the above acts would certainly work injustice and damage to the complainant. On August 20, 1990, a writ of preliminary injunction was issued enjoining the respondent from using the name of Gintong Ina/Ama Foundation in its solicitation campaign, advertisements, press releases, official receipts and the like. Respondent failed to file its answer within the reglementary period. Upon motion of counsel for the complainants, respondents was declared in default. The evidence adduced by the complainant clearly established its entitlement to the reliefs prayed for. LexLib WHEREFORE, judgment is hereby rendered as follows: 1. Declaring the injunction final and permanent; 2. Ordering the respondent, its agents, and/or representatives to stop and desist from using the corporate name of the complainant, Gintong Ina/Ama Foundation. No pronouncement as to costs. SO ORDERED. (SGD.) ENRIQUE L. FLORES Hearing Officer