Flashcards Studio

BrightStar Lighting, Inc. owns the registered mark BRIGHTSTAR for LED lighting products. StarBright Innovations, Inc. begins marketing a line of LED lighting under the mark STARBRIGHT, using packaging that features a prominent star motif and a bright yellow-and-blue color scheme. The products are sold nationwide through the same home improvement stores and are marketed to the same homeowner demographic. (a) Identify the controlling doctrine applicable to confusing similarity in Philippine trademark law and list its essential elements. (b) Distinguish the controlling rule from related concepts and discuss which factors would be most determinative in this scenario. (c) Apply the doctrine to the facts and state whether STARBRIGHT is likely to be refused registration or to infringe BRIGHTSTAR, and what relief or remedies would be available to BrightStar Lighting, Inc. under the law.