THE COURT of Appeals has approved the litigation of a property rights case filed by boxing champion Emmanuel “Manny” D. Pacquiao against a videoke microphone distributor which used his images for promotion without consent.
In a 14-page decision penned by Associate Justice Jose Catral Mendoza, the court’s 17th division said, “[Mr. Pacquiao’s] name is at stake, he has a right to be protected from any unauthorized product endorsement which would falsely imply that he has endorsed or approved certain goods and services.”
Businessman Andres V. Sanchez’s G2K Corp. was one of the advertisers in Mr. Pacquiao’s bout with Mexican Eric Morales on Jan. 22, 2006. G2K is engaged in the distribution and sale of Wow Magic Sing videoke microphones.
Together with In-A-Jiffy Enterprises, a company owned by Mr. Sanchez’s daughter, the firm published congratulatory messages when Mr. Pacquiao won the match.
They also decided to give a free copy of his album “Manny Pacquiao Para Sa’yo and Laban Na’to” to customers who purchased a videoke microphone.
Mr. Pacquiao’s handlers allegedly approved the arrangement, thus posters and advertisements claimed the promotion was in cooperation with album distributor Star Records, album publisher D’Loverboy Productions and album producer Pacquiao-Camo Records.
On April 5, 2006, however, Mr. Pacquiao filed a complaint with the Quezon City prosecutor that claimed G2K and In-A-Jiffy illegally used his name and image as Wow Magic Sing endorser.
On Dec. 8, 2008, the city prosecutor found probable cause against Mr. Sanchez for violating the Intellectual Property Code. An information or charge sheet was filed with the Quezon City Regional Trial Court.
Mr. Sanchez moved to quash the information, which was rejected by the court. This was upheld by the appellate court.
Envoy for peace
Meanwhile, Mr. Pacquiao, earlier designated as envoy for peace and understanding, has been tasked to promote the signing of peace agreements between warring political clans to prevent bloodshed in the 2010 elections.
Mr. Pacquiao’s appointment paper as presidential envoy was signed earlier this week as well the terms of reference of his designation spelling out his duties.
Mr. Pacquiao has formally announced his intention to seek the congressional seat in Sarangani province in next year’s elections.
