A Man, A Plan, a Telemarketing Scam Vicarious trademark infringement cases such as the recently decided Dish Network[1] are much less common than the contributory liability variety. Courts frequently reject vicarious trademark infringement claims because the plaintiffs fail to plead and prove them. The vicarious liability standard,[2] whether based on joint-tortfeasor theory or agency theory, […]
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 […]
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 […]
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, […]
Posted on October 6, 2014 The Supreme Court issued its order today denying Petroliam’s petition for writ of certiorari.