Incontestable - September 2010

more+
less-

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.

Please see full publication below for more information.

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Finnegan | Attorney Advertising

Written by:

more+
less-

Finnegan on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×