The complaint filed against BTI Payments Philippines and Electronic Transfer Advance Processing, Inc. (eTAP) for alleged “Utility Model Infringement and Unfair Competition” by Manila Express Payment Systems (MEPS), owners of the TouchPay brand, has been dismissed.
Initially, it alleged that there was a confusing similarity in the general appearance of the BTI, eTAP, and TouchPay machines, as well as intent to deceive the public and competitors. This resulted in a search warrant being issued and a raid by the National Bureau of Investigation-Intellectual Property Rights Division (NBI-IPRD), which confiscated two BTI machines from the City of Manila in July 2020.
“Upon evaluation, the evidence adduced has not sufficiently or substantially established that the public or end consumers were confused as to the machines they were utilizing in their transactions. In the first place,” Senior Assistant City Prosecutor Lolita S. Rodas stated, “just through physical appearance, both differ.”
The prosecutors also noted that the NBI-IPRD, who confiscated BTI and ETAP machines by virtue of a search warrant, failed to submit an affidavit to confirm any alleged violation. “There is also no evidence showing that when the confiscated machines were operated, such indeed showed or exhibited an imitation of the utility model flow of that of [TouchPay],” concluded Rodas.
TouchPay has been aggressive at cracking down on alleged “fake” machines and has been filing cases against other competing payment kiosk providers through the NBI-IPRD. This recent dismissal is the first resolution against TouchPay among their other “Unfair Competition” and “Intellectual Property” complaints filed in various courts. Operatives of the NBI-IPRD also made a recent seizure of ZoomPay payment terminals in Muntinlupa, Pasay, and Parañaque.
