Novo Pacific Corporation vs. Novo Oriental Corporation

[SEC-SICD * CASE NO. 08-98-6049. November 9, 1999.]

NOVO PACIFIC CORPORATION, petitioner, vs. NOVO ORIENTAL CORPORATION, respondent.

D E C I S I O N

This is a petition filed by Novo Pacific Corporation to change the name of respondent Novo Oriental Corporation.

It is undisputed that petitioner filed a copy of its Articles of Incorporation with this Commission under the name "Novo Pacific Corporation" on August 30, 1995. Two (2) days .thereafter, said Articles of Incorporation was approved and SEC reg. No. AS-095-008575 was issued. In April 1998, or almost three (3) years after petitioner's registration, respondent filed its Articles of Incorporation under the name "Novo Oriental Corporation."

Based on these facts, petitioner now seeks to enjoin respondent from using the corporate name "Novo" and prays that this Commission order respondent to change its name. Invoking its prior right to the use of the word "Novo", petitioner alleged that respondent's corporate name is identical, or confusingly or deceptively similar to that of petitioner considering that the word. "Novo", as used by respondent, appears to be the more dominant and...

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