P.R. Laws tit. 10, § 224

2019-02-20 00:00:00+00
§ 224. Special proceeding

When the principal registrant of a mark as provided for in this chapter files a lawsuit under oath or supported on a sworn statement with a copy of the Registration Certificate with the court, alleging specific facts that prove that the defendant is violating his/her property rights over said registered mark, by means of forgery, copy, imitation or adoption of a mark that is so similar to that of the principal registrant that it creates the likelihood of confusion, the court shall be bound to issue an ex parte temporary order directed to the defendant party requiring him/her to immediately stop, cease or desist, under admonition of contempt of court, the use of the mark to which the lawsuit refers, until a hearing is held within ten (10) days counted as of the date on which the temporary order was issued. In this special proceeding, the court shall exempt the principal registrant from posting a bond.

Within ten (10) days, counted as of the date on which the temporary order was issued, a hearing shall be held so that the defendant party may show just cause for which such temporary order or seizure order should not be rendered ineffective; and to issue a preliminary injunction until the rights of the parties are discussed.

In the cases in which the principal registrant so requests, the court may order the preventive attachment and seizure of the goods, signs, labels, wrappings or any other medium on which the defendant party has affixed the mark in question without the need to post any bond.

Remedies provided in this section for the principal registrant of a mark registered in Puerto Rico may be claimed without prejudice of requesting any other remedy provided for by law.

History —Dec. 16, 2009, No. 169, § 30.