The Supreme Court in the Philippines has ruled in favour
of Starwood Hotels and Resorts in a dispute with a local developer over
Starwood’s W trademark.
W Land Holdings wanted to use the W brand on its Tower
development in Bonifacio Global City, claiming that Starwood had forfeited the
trademark on the grounds of non-use.
Oceanic filed the trademarks in 2015, while luxury hotel
operator Starwood registered its W trademarks in 2007.
The dispute has dragged through government departments
and lower court hearings, but now the Supreme Court has upheld Starwood’s case.
The Supreme Court said it recognised Starwood's use of
interactive websites that allow Philippine residents to book international
hotels as sufficient proof of “actual use” of the mark in the country, despite
the company not operating a physical hotel in the Philippines at the time. It
also noted that Starwood does not lay claim over “any and all configurations of
the letter W”.
“Rather, it defends its ownership over a unique and
particular stylised W”.
W Tower in Bonifacio Global City is owned and developed
by the W Group, a major Philippine real estate and holding company established
by the prominent Wee family.
In allowing Starwood’s appeal, the Supreme Court ordered
the cancellation of the W Tower trademark and blocking the W Global Centre and
W Fifth Avenue marks for being confusingly similar to the global W Hotels
brand.