The new year in Puerto Rico IP filings starts off with a copyright suit. The case is National Compressor Exchange, Inc. v. Jose Garriga Hijo, Inc. Civil No.: 3:11-cv-01035. According to the complaint, Plaintiff (National Compressor Exchange) alleges that they provided the defendant with art work and a brochure for commercial compressors for refrigerators and air conditioners (among other products). Following a termination of the contractual license agreement, Defendant (allegedly) copied the exact wording of the brochures and used it as his own.
NCE alleges copyright infringement for the brochure and the artwork of the motors. If you see the second file I embed, Plaintiff’s exhibit C, you can compare both brochures and the description list NCE alleges as their own. Although Defendant seems to have copied “word for word” most of it, the phrases are fairly basic descriptions much like sweepstakes instructions (which are not subject to copyright). Thus it will be interesting to see the defenses raised by the Defendant on this one.
The case also alleges a trademark claim (“Palming Off”) since NCE claims that the Defendant is selling his own extractors as if “they were the same quality as NCE’s”.
The case is: National Compressor Exchange, Inc. v. Jose Garriga Hijo, Inc. Civil No.: 3:11-cv-01035 in the District of Puerto Rico
Complaint:
Complaint Copyright NEC
Exhibit with Brochure Pictures
Exhibit C NCE v Garriga
