The intellectual property case filed by boxing champ Manny Pacquiao against the distributors of Wow Magic Sing will proceed after the Court of Appeals (CA) sustained the ruling of a Quezon City court junking the motion seeking to dismiss Pacquiao’s complaint allegedly for lack of material facts.

Pacquiao charged Andres V. Sanchez, the president of G2K Corporation in April 2006 before for Quezon City Prosecutor’s Office for “willfully and unlawfully” misrepresenting in their advertisements in newspapers of general circulation that he approved the sale of Wow Magic Sing microphones when he has not in any way authorized the use of his name or photo in promoting the microphone thereby deceiving the public.

In his motion to quash, Sanchez said the information does not constitute an offense as it failed to allege material facts that violate provisions of the Intellectual Property Code (IPC).

Besides, Sanchez added that Pacquiao has not registered his “image rights” and is, under the law, barred from seeking its protection.

But the Special Seventeenth (17th) Division in a decision penned by Associate Justice Jose Catral Mendoza said the assailed amended information “sufficiently informs petitioner (Sanchez) of the charges against him.”