Trip to Geri, LLC v. Phillips- Perkins

If you have never been on a trip to Geri, Cyprus you might want to know a little of what the tiny island has to offer you. In fact, if you have visited any of the many islands across the world, you will find that none of them can be as enchanting and idyllic as the island of Geri. This quaint seaside resort is located on the southern end of the island. It is frequented by adventurous tourists who love to take part in activities like windsurfing, scuba diving, parasailing, or anything else that takes their fancy. A trip to Geri, Cyprus, will give you the chance to visit one of the most beautiful places in all of the world.

Trip to Geri

In order to gain entry to the island, you will need to purchase travel insurance that covers you for any injuries that you may incur while visiting Geri, Cyprus. If you choose to rent a hotel room, you will also be responsible for meeting any of the fees associated with purchasing food or beverages at the establishment. Should a waiter ask you for counterfeit currency or money, the hotel will be responsible for reporting the incident to the relevant authorities. The Cyprus government has issued strict regulations that prohibit any establishments from knowingly selling counterfeit goods to customers, and you will be fined heavily for attempting to sell counterfeit goods in the nation.

The penalties and fines associated with selling counterfeit goods will vary between entities depending on the gravity of the offense. The most severe penalties will apply to individuals who knowingly advertise and sell counterfeit goods in order to make a profit. In addition to the monetary penalties, you could be faced with a number of different actions. You may be barred from using the trademark or logo on your own clothing, bags, or other accessories, or you could be forced to remove all printed materials that display or promote the signature brand. If you are found guilty of these types of activities, you could face a number of additional financial penalties.

If you are defending a trademark or commercial brand name right, your position is very strong. Even if you were not aware that your business had adopted a particular logo or symbol, you have a legal right to use it as long as you are not infringing on another party’s copyright. You may also be held liable for injuries or property damage caused by your products. In the case of a consumer product, the damage caused could be determined with special damages, such as medical expenses and property damage.

There are two main defenses available to protect your intellectual property rights in the country. First, if you can establish that the products you are selling are a lawful trademark or registered symbol, you can likely avoid the penalties and fines associated with counterfeiting. Secondly, even if you can not establish a likelihood of confusion with the prior art, you may be able to avoid liability for any damage or injury that is suffered from the sale of the products based upon its appearance or label. Depending on the circumstances, a court may issue a temporary or permanent injunction against the sale of the infringing goods. A court will review the details of the proposed agreement between the parties, including the amount of damages and statutory damages.

In the case of Trip to Geri, there were three main issues before the court which resulted in the granting of the preliminary injunction. The three issues involved a colorable imitation of the plaintiff’s product, a likelihood of confusion with the prior art, and the likelihood of damage or injury. The court found that the colorable imitation was not a genuine piece of merchandise and awarded a permanent injunction against the production, distribution, and sale of the products. Applying the Phillips- Perkins rule, which holds that goods may be protected from unfair competition by virtue of their color, this decision effectively prohibits all products containing or marked with the plaintiff’s mark from being sold in the United States.