United States Supreme Court Cases & Opinions

U.S. Supreme Court

Compania General v. Alhambra Cigar Co., 249 U.S. 72 (1919)

Compania General de Tabacos de Filipinas v.

Alhambra Cigar & Cigarette Manufacturing Company

No. 180

Submitted January 22, 1919

Decided March 3, 1919

249 U.S. 72

Syllabus

An appeal from the Supreme Court of the Philippine Islands perfected before the Act of September 6, 1916, is governed by § 248 of the Judicial Code, which gives this Court jurisdiction in all cases in which any treaty of the United States is involved. P. 249 U. S. 75.

Page 249 U. S. 73

A decision of the Supreme Court of the Philippines that the name "Isabela" is a geographical and descriptive term not subject to registration as a tradename under the law before or since the cession of the islands, and that its use as a designation of cigars and cigarettes was not unfair competition, and that the suit was not for infringement of a tradename, "La Flor de la Isabela," registered under the Spanish regime, held not to involve the provisions of the Treaty of Paris of 1898, Art. VIII and XIII, providing that the cession shall not impair property rights previously acquired, and that rights of property secured by copyrights and patents acquired by Spaniards in the Islands shall be continued and respected. P. 249 U. S. 75. Ubeda v. Zialcita, 226 U. S. 452, distinguished.

Appeal to review 33 Phil.Rep. 485 dismissed.

The case is stated in the opinion.