Plaintiff, owner of a Peruvian registration on the trademark MAC CHICKEN for chicken and fish sandwiches in Class 29, brought an action against McDonalds Corporation, their Peruvian subsidiary and local distributors for trademark infringement by reason of McDonalds’ use of the trademark McCHICKEN which showed an ® on the outer packaging adjacent to the McCHICKEN mark. In fact, McDonalds had not registered McCHICKEN in Peru which therefore rendered them liable for trademark infringement and subject to the seizure and destruction of all such goods bearing the ®. The Court held that, where a defendant in an infringement proceeding imports goods into Peru manufactured abroad utilizing packaging with a ® where the mark has not been registered in Peru, it will be subject to the risk of infringement proceedings and appropriate sanctions, including fines, seizure and destruction of the offending goods.