RRV
LEGAL CONSULTANCY FIRM
No. 12 Scout Rallos, Quezon City
Tel. No. (02) 373-2725/ Email Add: rrvlegal@gmail.com
12 September 2022
Miss Philippines – Top Model of the World
AGC Building, 2021 Buencamino Street
Alabang, Muntinlupa City
Attention : Mr. Eduardo “Doods” Domingo
Ms. Susan Cabigao
Sir/Madam,
We write for and on behalf of our client, Top Model of the World, Inc., a
domestic corporation organized and existing under and by virtue of
Philippines laws, duly registered with the Securities and Exchange
Commission (SEC) covered by Company Registration No. CS201020974.
A copy of the Certificate of Incorporation dated 23 December 2010 is
hereto attached and marked as Annex “A” and made an integral part
hereof.
Aside from the same, the business/trademark/brand name “Top Model
of the World” had likewise been registered by our client with the
Intellectual Property Office of the Philippines (IPO), a copy of the
Certificate of Registration dated 12 May 2019 issued by the IPO of the
Philippines in favor of our client is hereto attached and marked as Annex
“B” and made an integral part hereof.
Thus, our client has been using the said business/trademark/brand
name from the inception of its creation and registration under Philippine
laws.
Our client is engaged in the business of organizing, holding and
managing events in the Philippines, i.e., modelling contests and beauty
pageants, in cooperation with the Top Model of the World by WBO, for
the purpose of sending delegates/representatives from the Philippines to
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participate and compete in the annual pageant competition of said
international organization.
Recently, it has been brought to the attention of our client that your
company has been using the same business/trademark/brand name
“Top Model of the World” in association with the conduct of your
company’s business or services.
In this regard, please be informed that the due registration of the
business/trademark/brand name “Top Model of the World” under
Philippine laws provides our client certain proprietary rights for the
exclusive use of the same. Our client is entitled to restrict the use of said
business/trademark/brand name; or a confusingly similar
business/trademark/brand name, in association with confusingly
similar business or services. The business/trademark/brand name of
our client serves as an important and distinctive representation of its
business or services as well as the goodwill of its company. Our client,
therefore, find it imperative to protect it against any misrepresentation
that may cause substantial harm to its business by facilitating the loss
of the business/trademark/brand name’s effectiveness.
Your unauthorized use of the business/trademark/brand name “Top
Model of the World” in the conduct of your business amounts to an
infringement of our client’s proprietary rights for the exclusive use of the
same.
Therefore, DEMAND is hereby made for you to “CEASE AND DESIST” in
any further use of the business/trademark/brand name “Top Model of
the World” in the conduct of your business, without prejudice for the
filing of appropriate legal actions against you or your company for
whatever damages that our client may have suffered from your
unauthorized use of the subject business/trademark/brand name.
We understand that it is possible that you were unaware of the conflict
vis-à-vis the due registration of our client of the business/trademark/
brand name “Top Model of the World” under Philippine laws. We
therefore, respectfully request for you to respond by letter assuring our
client of your immediate actions taken to cease and desist the use of the
business/trademark/brand name “Top Model of the World”, or any
confusingly similar business/trademark/brand name, within five (5)
days from your receipt hereof.
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We hope that that this issue may be amicably resolved so that we may
avoid any further legal remedies or actions as provided for under
Philippine laws.
For your guidance and immediate compliance.
Thank you very much.
Sincerely yours,
Atty. Edward C. Castañeda
Counsel for Top of the World, Inc.
