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HELD
The Supreme Court also ruled that Del Monte does not have the
exclusive right to use Del Monte bottles in the Philippines because
Philpacks patent was only registered under the Supplemental Register
and not with the Principal Register. Under the law, registration under
the Supplemental Register is not a basis for a case of infringement
because unlike registration under the Principal Register, it does not
grant exclusive use of the patent. However, the bottles of Del Monte
do say in embossed letters: Del Monte Corporation, Not to be
Refilled. And yet Sunshine Sauce refilled these bottles with its catsup
products. This clearly shows the Sunshine Sauces bad faith and its
intention to capitalize on the Del Montes reputation and goodwill and
pass off its own product as that of Del Monte.