By Dominique Gabriel G. Bañaga
The Bacolod City Regional Trial Court has dismissed the injunction case filed against Catherine Brios by estranged husband Francis Cabuga in connection with the proliferation of allegedly fake Koi products, an herbal supplement.
According to the decision, 6th Judicial Region Judge Edgardo Sayson ruled the case falls under the exclusive jurisdiction of the designated Special Commercial Court.
The case claimed Health First Wellness Laboratories Inc. was the registered owner of the brand name Koi, which has products registered with FDA as herbal dietary supplement capsules.
Atty. Erfe Del Castillo, legal counsel for Health First Wellness Laboratories Inc., earlier filed a preliminary injunction and temporary restraining order against Interchemex Laboratories and Franzkate Marketing, which are owned by Brios. However, the decision found Franzcate Marketing was previously listed as the distributor and marketing arm of the brand name Koi.
Health First Wellness Laboratories Inc. responded by presenting a January 24, 2018 certificate that indicated Franzcate Marketing was no longer a distributor of the product. It also alleged Interchemex Laboratories was producing fake herbal capsules.
Brios’ legal counsel, Atty. Jomax Ortiz, called the dismissal a “partial victory” and believes the motion for reconsideration filed by the complainants will likewise be dismissed.
“It is an exercise in futility,” Ortiz added./DGB, WDJ