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The phrase “De La Salle” is not merely a generic term. Respondents' use
of the phrase being suggestive and may properly be regarded as
fanciful, arbitrary and whimsical, it is entitled to legal protection.
Petitioner's use of the phrase "De La Salle" in its corporate name is
patently similar to that of respondents that even with reasonable care
and observation, confusion might arise. It is settled that proof of actual
confusion need not be shown. It suffices that confusion is probable or
likely to occur.
D. Is the ruling in Lyceum of the Philippines v. Court of Appeals
applicable in this case?
No. “Lyceum” today generally refers to a school or institution of learning.
It is as generic in character as the word “university.” Since “Lyceum”
denotes a school or institution of learning, it is not unnatural to use this
word to designate an entity which is organized and operated as an
educational institution. In this case, “De La Salle” is not generic in
relation to respondents. It is not descriptive of respondent's business as
institutes of learning, unlike the meaning ascribed to “Lyceum.”
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