Beauty queen-turned actress Melanie Marquez won another round of battle when the Quezon City regional trial court (RTC) issued a preliminary injunction against a cosmetics firm which uses the name and photos of the actress in their print ad campaign.
In an 11-page decision, presiding Judge Afable E. Cajigal said that Melanie Marquez has "satisfactorily established a valid right for the issuance of a writ of preliminary injunction" against defendant Pureform Cosmetics Products Company.
"There is justification to enjoin pendente lite the defendants from exploiting the plaintiff by advertising her name and pictures in several posters proliferating in Metro Manila and in media to further their products,’’ Cajigal said.
Marquez was also ordered to file with the court "a bond executed to the defendants R1 million to the effect that the plaintiff will pay such party or person all damages which the defendants may sustain by reason of the injunction in the court should finally decide that the plaintiff-applicant was not entitled thereto.’’
"Upon approval of the requisite bond, let a writ of preliminary injunction to issue, the same is hereby granted,’’ the court said.
Cajigal said that Marquez has established the foregoing requisites for a writ of preliminary injunction to issue.
"It is undoubted that the use by the defendants of the plaintiff’s name and picture in the advertisement or launching of former’s beauty products was without consent, if not at the express or implied prohibition of the plaintiff; that with such use of the plaintiff’s name and pictures, the plaintiff’s right to benefit therefrom inevitably resulted; and that undue advantage actually redounded in favor of the business of the defendants.’’
Marquez said that Pureform uses her photos in their ad campaign, which made her appear that she was the endorser for the company. The beauty queen is the official endorser of Psalmstre’s New Placenta soap and other products owned by Jaime Acosta.
The former Miss International has repeatedly demanded to the defendants to correct the alleged unlawful intrusion but she said that the defendants have failed to do so.
Marquez testified and said that she does not know Pureform and its owner Ireneo B. Garcia.
Garcia and publicist Richard Hinola also testified. Garcia said that the print ad complained are not false, though he admitted that his company did not have any contract with Marquez. (RRR)
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