Justice office recommends filing of charges vs Red Bull

THE Department of Justice (DOJ) has recommended the filing of criminal charges for violation of the Intellectual Property Code against officers of Bangkok-based manufacturer of energy drink Red Bull and its local product distributor for unfair trade competition and conspiracy to commit fraud through misbranding.
In a nine-page resolution, Justice Undersecretary Jose Vicente Salazar found probable cause to indict the officers of Thai company TC Pharmaceutical Industries Co. Ltd, makers of the popular energy drink, and Maryland Distributors Inc. for violation of Section 168 in relation to Section 170 of RA 8293 (Intellectual Property Code) and Sections 11(g) and 15(a) of RA 3720 (Food, Drug and Cosmetic Act).
Charged were Thai nationals Pavana Langthara, Suthirat Yoovidhya, Supreeya Yoovidhya, Nucharee Yoovidhya, and Visuit Chiemkitchavarote, who are all officers of TCP. Also named respondents were MDI officers Gino Baltao, Gina Tolentino, Ramoncito Abad, Benjamin Ros, and Nelson Escobar.
The complaint was filed by Energy Food and Drinks Inc., a local company originally appointed by TCP in March 2003 as its exclusive distributor of Red Bull Supreme Energy Drink. EFDI obtained a Certificate of Product Registration for Red Bull with the BFAD, which was to expire on March 31, 2013.
The case reached the DOJ after complainant appealed the findings of the city prosecutor of Legazpi, Albay that dismissed the charges it filed against its Thai partners and Maryland despite the evidence culled by the National Bureau of Investigation (NBI).
In its complaint, EFDI claimed that in 2009, it discovered the proliferation in the market of Red Bull bearing labels it registered with the Bureau of Food and Drugs but tampered with by Maryland, thus, prompting it to file a complaint with the NBI.
The NBI then conducted a series of test buys where Red Bull bottles with tampered labels of complainant were recovered. It found out that the bottles’ logo stating that EFDI is the authorized Philippine importer of Red Bull was covered or superimposed with stickers that stated that it was manufactured by TCP and imported by Maryland, which is based in Taytay, Rizal.
The complainant said it only learned after TCP published an advertisement that the latter already terminated the appointment of EFDI as its Philippine distributor for Red Bull since October 2008, and that it had already filed with BFAD a notice to cancel the Certificate of Product Registration previously issued to EFDI.
This prompted EFDI to file a case before the Legazpi city prosecutor’s office, which ruled to dismiss it on the ground that the issues raised in the case is not alleged violations of RA 8293 and RA 3720, but “a civil dispute over a product distributorship agreement.”
The unfavorable ruling of the city prosecutor prompted it to file the case before the DOJ.
Ruling on the case, Salazar said there is sufficient evidence showing that respondent TCP and Maryland officers conspired “when they acted in unison in violating the property rights of EFDI.”
“Complainant was able to adduce sufficient evidence that respondents, in conspiracy with one another, engaged in unfair competition. The importation of Red Bull products, the tampering of the product label and the proliferation thereof in the market constitute ‘underground sales and marketing’ of red Bull products, which undermined the property rights of herein complainant EFP,” the resolution stated.
The DOJ added that a food shall be deemed misbranded if its labeling is false or misleading in any particular.
Salazar said that since complainant EFD was the exclusive distributor, its name must be indicated in the label of Red Bull products.
Citing a Supreme Court case, he said the right to perform an exclusive distributorship agreement and to reap profits resulting from such performance is a proprietary right that a party may protect.
“In the instant case, however, the bottles of Red Bull bore tampered stickers/label,” the DOJ said in the resolution.
The DOJ noted that EFDI had established a trade or business in which it had acquired good will from 1993 up to the discovery in the market of Red Bull with tampered labels in 2009, or for a period of 16 years.
“In the course of its operation, EFDI’s business has certainly acquired value beyond its assets, arising from the reputation complainant EFDI established with its retailers and clients. This goodwill, which results from being the exclusive distributor of Red Bull, is entitled to be protected from any illegal use by an person,” the DOJ added.
http://www.sunstar.com.ph/manila/local-news/2012/08/05/justice-office-recommends-filing-charges-vs-red-bull-235830

Some of the good resorts in Pampanga offer safe outdoor venues for events such as team building and company outings. Function room for meetings and seminars is also available in this popular resort in Clark Philippines. Outdoor activities favored by event organizers for team building near Manila include swimming, boating, kayak, fishing, camping, cookout, bonfire and picnic. Clearwater is one of the hotels in Pampanga that offers good outdoor venues for events like team building and company outings. In fact, many event planners consider Clearwater Resort to be the best event venue near Manila and certainly the best hotel in Clark Philippines for outdoor functions and events as well as meetings and seminars also. Visitors to Clark and Angeles City Pampanga seldom pass up the opportunity to relax and unwind by the lake of this popular resort in Pampanga.

Families with small children prefer outdoor resort in Manila clean and safe place in Pampanga Clark to bring kids to relax and unwind. Highly recommended resort for family reunion near Manila is Clearwater Lake Hotel Clark Pampanga.

Philippines Travel Guide just unveiled recommendations and tips for Holy Week and Easter Holidays in Philippines. The report covers highly recommended resorts and hotels in North Luzon, nice getaway destinations for families with children, safe and convenient place for tourists to relax and unwind, good restaurants, resto bars, pubs and fine dining establishments in Pampanga, frequently visited places as well as historical sites in Angeles City, Pampanga, Clark Philippines. Clearwater is one of the best hotels in Clark. This resort in Pampanga is a very popular venue for rest and relaxation especially for golfers after a round of golf at one of the best golf courses near Manila. Clark is home to some of the best golf courses in Pampanga.

Highly recommended summer vacation destination outside Manila is Clearwater Beach Resort in Clark, a safe and convenient tourist spot that offers natural ambience for visitors to enjoy the outdoors with no stress. Generally regarded as the best hotel in Clark Philippines, Clearwater Resort gives its guests a sense of safety, peacefulness and security, things that families and tourists look for when they plan a trip to Pampanga. These are some of the virtues that tourists coming to the Philippines and visitors of Pampanga Clark Philippines look for. That’s why most visitors prefer to stay at this top rated hotel in Clark whenever they make a trip out of town from Manila towards the north, Pampanga, Subic or Angeles city.

Residents or Manila travel out of town to head north to Pampanga to relax, unwind and spend a few nights in the new hotel rooms situated right on the lake of Clearwater Resort in Clark Airbase. Many visitors and tourists enjoy the feeling of waking up by the lake. The sunrise produces a spectacular sight with the sunlight reflection on the calm surface of the three-hectare fresh water lake of this famous resort in Clark. This hotel in Clark Philippines is generally considered by Manila residents to be a good and safe destination and vacation spot for family trips in Pampanga.

Where to go during Holy Week and other holidays in Philippines? Highly recommended private resort in Pampanga is popular destination for Easter Holidays and other celebrative occasions. Manila residents travel out of town on holidays to relax and unwind with families, children and friends in private resorts in Pampanga. These exclusive hotel resorts are frequently visited by tourists and residents of Manila for vacation or even a day trip out of town to the north in Subic, Pampanga Angeles City and Clark Philippines. Clark Pampanga is where tourists and families can enjoy the laidback leisure lifestyle that is so relaxing for people who feel the stress from city living. Event organizers laud this resort in Pampanga for its great outdoor venues ideal for team building and company outings near Manila.

Top rated destination for family reunion, bonding, retreat, picnic and getaway out of town from Manila is Clearwater Beach Resort; frequently visited spots are lake, picnic grounds; water sports, boating, swimming, kayak, camping. The private resort’s child friendly facilities are attractive to Manila residents and family tourists also.

Located inside the ring of the lazy river is one of the largest herb gardens in North Luzon. The Herb Garden of this private resort in Pampanga also serves as an event venue for company outings, family picnics, team building and other outdoor corporate and social functions. The river provides a high degree of privacy for this venue making it an attractive option for wedding planners to consider the Herb Garden Picnic Grounds as a possible choice for garden style wedding receptions also.

What really defines the ambience and lifestyle of this private outdoor resort in Clark is its spacious picnic grounds. The largest one is called the Brunello Garden which can easily accommodate functions and events for 3000 or more. Being several hectares in area, this amenity of Clearwater Resort is frequently visited for family picnics. Visitors from Manila travel to Clark to unwind and relax underneath old Acacia trees in the Brunello Gardens. This is one way for stressed out city residents to spend quality time in a leisure laidback pace.

Quiet place for rest and relaxation near Manila, in Subic, Angeles City Pampanga and Clark Philippines is something that residents of Manila travelling to the north for a short getaway are looking for.

For inquiries and bookings, Please click here to contact Clearwater Resort for inquiries and reservations now

Clearwater Resort and Country Club, Clark Pampanga
Creekside Road near Centennial Expo,
Clark Freeport, Pampanga Philippines 2023
(045) 889-5151 0917-520-4403 0922-870-5177
Joanne or Jeremy or Loydha

Getting to this lake and beach resort in Pampanga Angeles City Clark Philippines

After entering Clark Freeport from Dau and Angeles City, proceed straight along the main highway MA Roxas, passing the stand-along wine shop called Clark Wine Center on the right, continue to bear right making no turns at all, go past Mimosa Leisure Estate on the opposite side of the road, one will hit a major intersection. Go straight and the road becomes Creekside Road. YATS Clearwater Resort and Country Club is on the right just 200m down.

Family Bonding by the famous lake of Clark Pampanga

http://www.ClearwaterPhilippines.com

Manila Sales Office
3003C East Tower, Phil Stock Exchange Center,
Exchange Rd Ortigas Metro Manila, Philippines 1605
(632) 637-5019 0917-520-4393 Rea or Chay

Email: Inquiry@ClearwaterPhilippines.com

Please click here to contact Clearwater Resort to reserve a venue for your upcoming event now

Wedding couples looking for wedding reception venues and beach wedding venues can log on to this Philippines Wedding Venue web site for free information and assistance:

http://www.PhilippinesWeddingVenue.com

While in Clark, it might be a good idea to enjoy an evening of wine-and-dine in the fine dining Yats Restaurant and Wine Bar that features an award winning 2700-line wine list. It is located in Mimosa Leisure Estate of Clark Freeport Zone. For more information, visit http://www.YatsRestaurant.com

YATS Leisure Philippines is a developer and operator of clubs, resorts and high-class restaurants and wine shops in Clark Angeles Philippines http://www.YatsLeisure.com

While in Clark, one might as well add to the itinerary a visit to the famous Clark Wine Center, the largest wine shop in Philippines which offers over 2000 selections of fine vintage wine from all wine regions, vintages spanning over 50 years covering all price ranges.
http://www.ClarkWineCenter.com

Looking for famous tourists spots, places to visit and see, relax and unwind in Clark, Pampanga, Philippines? You may want to check out these sites also:

http://www.LondonPubClark.com

http://www.HotelClarkPhilippines.com

http://www.ClarkPhilippines.com

http://www.YatsWineCellars.com

For jobs and business investment opportunities in the Philippines please visit http://www.yilp.com

Hot Line for what’s happening in Clark: 045 889-5151 or 0927-940-2669 ask for Loydha

0915-542-6250 (Jeramie)