It is well settled that “[a]n action for contributory liability is not limited to a manufacturer, but may also extend to licensors, franchisers, or to similarly situated third parties.” Proctor & Gamble Co. v. Haugen, 317 F.3d 1121, 1128-1129 (10th Cir. 2003), citing AT & T v. Winback and Conserve Program, Inc., 42 F.3d 1421, [...]
A landlord whose premises are the site of infringing activity may be held contributorily liable for a plaintiff’s damages, provided the plaintiff can demonstrate that the landlord’s failure to prevent such activity was the cause of those damages. See Polo Ralph Lauren Corp. v. Chinatown Gift Shop, 855 F.Supp. 648 (S.D.N.Y. 1994), plaintiff’s motion for [...]
Contributory liability has been imposed by the courts on flea market owners by application of both the Inwood standard and common law tort principles. See Hard Rock Café Licensing Corp. v. Concession Services, Inc., 955 F.2d 1143, 1148 (7th Cir. 1992); and see Fonovisa, Inc. v. Cherry Auction, Inc. 76 F.3d 259 (9th Cir. 1996)(endorsing [...]
Internet trademark infringement activity typically has not involved the “product” paradigm contemplated in Inwood. Courts considering these types of cases have therefore had to determine whether to extend the Inwood standard beyond the manufacturer-distributor context, as they had done in the flea market cases, Hard Rock Café and Fonovisa, supra. The standard for imposing contributory [...]
Domain name registrars have not been held contributorily liable for trademark infringement committed by their registrants. See Lockheed Martin Corp. v. Network Solutions Inc., 194 F.3d 980 (9th Cir. 1999) (“Lockheed II”), affirming 985 F.Supp. 949 (C.D. Cal. 1997) (“Lockheed I”); Size, Inc. v. Network Solutions, Inc., 255 F. Supp.2d 568 (E.D. Va. 2003); Academy [...]
