The Supreme Court has not articulated a standard for finding vicarious liability for trademark infringement, as it has done regarding contributory liability in the case of Inwood, supra. Banff Ltd. v. Limited, Inc., 869 F.Supp.1103, 1111 (S.D.N.Y. 1994). Rather, vicarious liability theory has evolved in the federal courts under two main standards: One is the [...]
Through the application of joint tortfeasor liability doctrine, vicarious liability for trademark infringement has been described as appropriate when a defendant and the infringer “have an apparent or actual partnership, have authority to bind one another in transactions with third parties, or exercise joint ownership or control over the infringing product.” Hard Rock Café Licensing [...]
Courts have also considered extending vicarious liability to third party trademark infringement by way of the laws of agency. See Fare Deals, Ltd. v. World Choice Travel.com, Inc. 180 F.Supp.2d 678, 684 (D.Md. 2001), citing Am. Tel. & Tel. Co. v. Winback & Conserve Program, Inc. 42 F.3d 1421, 1437 (3d Cir. 1994). In such [...]
