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, […]
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 October 6, 2014 The Supreme Court issued its order today denying Petroliam’s petition for writ of certiorari.
Posted on March 10, 2014 Coach v. Sapatis (D.N.H. Jan. 31, 2014) Much of modern contributory liability doctrine is founded on the flea market cases, where the courts first extended Inwood’s test for contributory trademark infringement outside the “supplies a product” context to flea market owners and operators whose vendors sold counterfeits of the plaintiff’s […]
Posted on December 12, 2013 Petroliam Nasional Berhad v. GoDaddy.com (9th Cir. Dec. 4, 2013) As our book speeds its way to the printer, the Ninth Circuit has made sure we will have a lot to discuss on this blog and in the upcoming supplement to Secondary Trademark Infringement. Last week it held there is […]
