Displaying the most recent of 7 posts written by

Jane Coleman

Third party counterfeiting as proof of knowledge?

QUERY:  Are sales of counterfeit products other than those of the plaintiff valid proof of a defendant’s “knowledge” in a contributory trademark infringement case? That question typically arises in the flea-market cases (both virtual and brick-and-mortar) where the direct infringers are vendors with a history of “serial counterfeiting” and the plaintiff sues the landlord or […]

Contributory False Advertising

This year’s supplement features the Eleventh Circuit’s decision in Duty Free Americas, Inc. v. Estee Lauder Cos. (DFA)[1], another in a growing body of cases to extend contributory liability doctrine beyond the traditional trademark infringement context. In the years since the Supreme Court decided Inwood Labs.[2], courts have generally been predisposed to consider, if not […]

Locution, Locution, Locution: IP Licensors – Service Suppliers or Product Providers?

Posted on August 4, 2015 Consider the following scenario: Company A is a well-known film producer that licenses its intellectual property rights in famous cartoon characters to Company B, a jewelry manufacturer. Company B in turn features those characters in bracelets that infringe Company C’s marks. Company C sues both Company B and Company A, […]

UPDATE: Petroliam Nasional Berhad v. GoDaddy.com — Cert. Denied

Posted on October 6, 2014 The Supreme Court issued its order today denying Petroliam’s petition for writ of certiorari. Related items Contributory False Advertising Former Flea Market Owner Subject to Contributory Liability Claim Ninth Circuit Holds There is No Cause of Action for Contributory Cybersquatting

How the 9th Circuit Veered Off Course in Petroliam Nasional Berhad (Petronas) v. GoDaddy.com

The Misapplication of Central Bank of Denver, N.A. v. First Interstate Bank of Denver, N.A. (Central Bank) Posted on September 3, 2014 We’ve had a lot to say — and with good reason — about Petroliam Nasional Berhad (Petronas) v. GoDaddy.com, Inc. (GoDaddy),[1] the Ninth Circuit decision that held there is no cause of action for […]

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