Displaying the most recent of 8 posts written by

Jane Coleman

Dish Network v. Siddiqi: Vicarious Trademark Infringement

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, […]

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.

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