Incontestable - September 2010

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In this Issue - Civil Cases; Lou v. Otis Elevator Co., 77 Mass. App. Ct. 571 (Sept. 3, 2010); Tiffany (NJ) Inc. v. eBay, Inc., 2010 WL 3733894 (S.D.N.Y. Sept. 10, 2010); M.C.I. Foods, Inc. v. Bunte, Canc. No. 92046056 (TTAB Sept. 13, 2010); Super Bakery, Inc. v. Benedict, Canc. No. 92047859 (TTAB Sept. 16, 2010)

Lou v. Otis Elevator Co. ABSTRACT - In a question of first impression, a three-judge panel for the Massachusetts Appeals Court affirmed a multimillion-dollar jury verdict against Otis Elevator Co. for liability as a trademark licensor under the “apparent manufacturer” doctrine for injuries resulting from an escalator accident in China, despite the fact that defendant did not sell or manufacture the escalator. The court held that there was ample evidence for a jury to find that defendant “participated substantially in the design or manufacture of the escalator,” as required under the court’s interpretation of the apparent manufacturer doctrine, by licensing its trademarks and providing product-design information, production-method rights, technical know-how, and managerial support to the manufacturer.

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