Trademark Caselaw | Peru | SAMSUNG Successfully Enforces Trademark Rights
INDECOPI’s Intellectual Property Court recently confirmed a decision imposing a fine on Erika V. Luperdi for unauthorized use of trademark SAMSUNG.
In its January 20 decision, the Court ruled on Ms. Luperdi’s appeal which sought to revoke a previous decision following Samsung Electronics Co. Ltd.’s report that she had infringed its trademark rights by importing integrated LCD and TOUCH screens without due authorization from SAMSUNG.
Trademarks SAMSUNG (Logo) and SAMSUNG GALAXY TAB (Logo), registered under Nos. 8780 and 184521, were among those found to have been infringed upon.
The appellant argued that she did not know the goods, sent from China, showed trademark SAMSUNG nor that there any trademark restrictions associated with such goods. She also claimed to not have taken part in the initial proceeding that found her guilty and that she did not count on the economic means to pay for the fine imposed against her.
Following the applicant’s appeal, the court confirmed the verdict against Ms. Luperdi and further noticed that while she mentioned not intending to infringe any trademark rights, and ignoring that the imported goods showed trademark SAMSUNG, she did not deny committing such infringement; and further stated that while administrative liability is subjective in nature, that is not the case for the infringement of Intelectual Property rights, where the law prescribed that liability is objective in nature. Therefore, intent is not relevant for determining liability in such cases and verifying the unauthorized use of identical or confusingly similar trademarks shall be enough for that purpose.
As a result, the court found Ms. Luperdi objectively liable for the infringement of the SAMSUNG trademark, and confirmed the imposed fine of 3 Peruvian Tax Units, equal to approximately US$ 1,200.00.
Consistent with Peruvian caselaw on both trademarks and administrative law, the court’s decision highlights the availability of IP enforcement alternatives in Peru.
Click here to request a copy of the court’s decision or in case you wish to receive any additional information.
