IPOPHL offers DALI settlement

IPOPHL offers DALI settlement | Daily Tribune

The Intellectual Property Office of the Philippines (IPOPHL) has offered mediation outside litigation (MOL) to brand owners to resolve the alleged trademark infringement cases involving DALI Everyday Grocery.

In response to a letter of a consumer group, IPOPHL director general Rowel S. Barba emphasized that brand owners have multiple legal options to protect their intellectual property.

One of these options is the MOL service, which Barba described as “an option for parties to settle their intellectual property (IP) dispute even before filing a case in court or an administrative agency.”

Barba also reiterated that IP owners, with the support of groups like Malayang Konsyumer, can pursue other legal options, including filing criminal complaints, civil cases, or administrative cases for infringement or unfair competition.

Upon receiving citizen reports, Barba explained that IPOPHL refers the concerns to the relevant brand owners for appropriate action.

“Regarding the DALI matter, we note that there is already a pending administrative case filed with the IPOPHL Bureau of Legal Affairs by one brand owner against DALI,” he added.

Meet with consumer group slated

The letter further mentioned that IPOPHL’s IP Rights Enforcement Office will schedule a meeting with the consumer group to explore collaborative efforts in strengthening the protection of IP and consumer rights.

In July, DALI was ordered to remove three products from its shelves following a trademark infringement complaint by Nutri-Asia Inc.

IPOPHL initially found that DALI’s products were “confusingly similar” to popular brands produced by Nutri-Asia.

Nutri-Asia filed complaints of trademark infringement, unfair competition, and copyright infringement against DALI Everyday Grocery for selling products that imitated its UFC Banana Ketchup, Datu Puti Vinegar, and Datu Puti Soy Sauce.

DALI, operated by Hard Discount Philippines Inc., had been marketing similar products under the names KULINA Banana Ketchup and Raja Puro Vinegar and Soy Sauce, with packaging closely resembling Nutri-Asia’s UFC and Datu Puti products.

DALI Everyday Grocery, which opened its first store in February 2020, is on track to expand to 950 stores by the end of the year.

The grocery chain is operated by Hard Discount Philippines, a subsidiary of HDPM Sin Pte. Ltd., a Singapore-based corporation.

DALI Discount AG, founded in Switzerland in 2020, is the parent company of both entities, with a focus on growing its presence in Southeast Asia.