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Results: 4 Answers
Trademarks
7.
Enforcement and remedies for trademark infringement
7.1
What remedies are available against trademark infringement?
 
Cayman Islands

Relief includes:

  • injunctions;
  • award of damages or account of profits; and
  • delivery up and/or destruction of infringing materials.
Criminal remedies are also available and concern unauthorised use of a trademark in relation to goods, falsification of the register and false representation of a trademark as registered.

For more information about this answer please contact: Sophie Peat from HSM IP
7.2
What remedies are available against trademark dilution?
 
Cayman Islands
Relief includes:

  • injunctions;
  • award of damages or account of profits; and
  • delivery up and/or destruction of infringing materials.
For more information about this answer please contact: Sophie Peat from HSM IP
7.3
Does the law recognise remedies against other harms to trademark rights besides infringement and dilution?
 
Cayman Islands
The Trade Marks Law also considers use of a trademark that takes or would take unfair advantage of, or be detrimental to, the distinctive character or the repute of that trademark as infringement. Furthermore, the law provides that a trademark shall not be registered if, or to the extent that, its use in the Cayman Islands is liable to be prevented by virtue of the law of passing off or any law that protects an unregistered trademark or other sign used in the course of trade.

For more information about this answer please contact: Sophie Peat from HSM IP
7.4
What is the procedure for pursuing claims for trademark infringement?
 
Cayman Islands
A claim must be filed at the Grand Court.

For more information about this answer please contact: Sophie Peat from HSM IP
7.5
What typical defences are available to a defendant in trademark litigation?
 
Cayman Islands

A registered trademark is not infringed by:

  • the use by a person of that person’s own name or address;
  • the use of indications concerning the kind, quality, intended purpose, value, geographical origin or production of goods or rendering of services; or
  • the use of a trademark where it is necessary to indicate the intended purpose of a product or service (in particular, as accessories or spare parts), as long as the use is in accordance with honest practices in industrial or commercial matters.
A registered trademark is also not infringed by use in relation to goods which have been put on the market under that trademark by the owner or with the owner’s consent. However, this rule does not apply where legitimate reason exists for the owner to oppose further dealings in the goods – in particular, where the condition of the goods has been changed or been impaired after they have been put on the market.

A registered trademark is also not infringed by use by a person in the course of trade in the Cayman Islands of an unregistered trademark or other sign in relation to goods or services, if the unregistered trademark or other sign has been so used in the Cayman Islands by that person or a predecessor in title continuously from a date preceding the earlier of:

  • the date of first use in the Cayman Islands of the trademark which is registered; or
  • the date of registration in the Cayman Islands of that trademark.
For more information about this answer please contact: Sophie Peat from HSM IP
7.6
What is the procedure for appealing a decision in trademark litigation?
 
Cayman Islands
Permission of the Grand Court is required in order to appeal to the Court of Appeal. Permission will be granted only where the Grand Court concludes that the appeal would have a real prospect of success or there is some other compelling reason for the appeal to be permitted. The Court of Appeal will generally allow an appeal where the decision of the lower court was wrong due to an error of law or to a more limited extent, a question of fact, or due to wrongful exercise of discretion.

For more information about this answer please contact: Sophie Peat from HSM IP
Contributors
Cayman Islands