Proper sanctions for repeat offenders

01-10-2011

Alain Delion and Lilie Delion

Resolution 1181-TPI/INDECOPI, issued on June 6, approved an $82,290 fine for a trademark infringer that illegally sold pipes bearing a trademark owned by a third party.

Resolution 1181-TPI/INDECOPI, issued on June 6, approved an $82,290 fine for a trademark infringer that illegally sold pipes bearing a trademark owned by a third party.

This is considered to be a drastic yet justifiable sanction given the nature of the infringer’s illegal conduct. In this case, the defendant offered, through its website, products bearing a trademark belonging to Estudio Delion client Crane Co, which is based in the US.

Once the infringement complaint was filed, the defendant argued that it was offering legally-purchased products. This meant that the case would focus on trademark exhaustion because the defendant argued that Crane could not take any action as the pipes were legitimate products. The defendant pointed to a number of invoices that suggested that its suppliers had legitimately purchased the goods.


trademark infringement

WIPR