P.R. Laws tit. 10, § 223v
Any person who obtains the registration of a mark in the Department of State by means of a false or fraudulent statement or declaration shall be subject to an injunction, action for damages or seizure order by a principal registrant or any injured persons, who may choose to file any or all of the abovementioned actions. Furthermore, the court may order the cancellation of the registration obtained by means of deceit, fraud or bad faith.
The court shall fix the amount of the damages taking the following elements as basis: the gross profit made by the mark infringing party, by using the mark in question; the amount of the earnings that the principal registrant or the injured person failed to receive as the result of the actions of the defendant party; the diminishing returns that the actions of the defendant have caused the plaintiff; and any other factor that, in the judgment of the court, adequately quantifies the damages.
The court shall also fix the amount of the costs, fees, and expenses of the lawsuit.
History —Dec. 16, 2009, No. 169, § 25.