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Trademarks › Contributory Infringement

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
Weintraub Tobin

Podcast: The Briefing - Shedding Light on ‘Willful Blindness’: Brandy Melville v Redbubble

Weintraub Tobin on

In the case of Brandy Melville v Redbubble, a three judge appellate panel explored whether an owner of an online market place is liable for contributory trademark infringement. Scott Hervey and Jamie Lincenberg discuss this...more

Weintraub Tobin

The Briefing: Shedding Light on ‘Willful Blindness’: Brandy Melville v Redbubble

Weintraub Tobin on

In the case of Brandy Melville v Redbubble, a three judge appellate panel explored whether an owner of an online market place is liable for contributory trademark infringement. Scott Hervey and Jamie Lincenberg discuss this...more

AEON Law

Patent Poetry: Ninth Circuit: Specific Knowledge Needed to Prove Contributory Trademark Infringement

AEON Law on

The US Court of Appeals for the Ninth Circuit has found that specific knowledge is required for liability in a case of contributory trademark infringement. The case is Y.Y.G.M. SA, DBA Brandy Melville v. Redbubble, Inc.,...more

Morgan Lewis

Jury Finds for Online Marketplace over Atari in Trademark Infringement Case

Morgan Lewis on

In the case, Atari had alleged that Redbubble failed to adequately police its marketplace to remove artist uploads that counterfeited or infringed upon Atari’s trademarks in its logo and other iconic images. As part of its...more

McDermott Will & Emery

No Appellate Jurisdiction to Review Post-Verdict Appeal of Previously Denied SJ Motion

McDermott Will & Emery on

In a closely watched trademark/counterfeiting case, the US Court of Appeals for the Second Circuit affirmed a judgment for contributory infringement, award of permanent injunction and monetary damage award against a...more

ArentFox Schiff

Court Rules Trademark Infringement Enough to Hold Landlord Liable

ArentFox Schiff on

Last year, the Eleventh Circuit affirmed a judgment holding that a landlord’s constructive knowledge of its tenant’s trademark infringement is enough to hold the landlord liable. Several years earlier, Arent Fox...more

Lowndes

Landlord Liability for Tenant’s Counterfeit Sales

Lowndes on

Should landlords care what business their tenants are operating? The obvious general answer of “yes” now has a more detailed and important caveat. If your client is retailing goods, you as a landlord may be liable if those...more

Fenwick & West LLP

Eleventh Circuit Affirms Contributory Trademark Infringement Award

Fenwick & West LLP on

The United States Court of Appeals for the Eleventh Circuit affirmed liability under the “know or has reason to know” standard for contributory trademark infringement in Luxottica Group, S.p.A. v. Airport Mini Mall, a case...more

Hogan Lovells

UK, US, HK and China – Access denied: an international perspective on ISP blocking injunctions

Hogan Lovells on

While the UK Court of Appeal has opened the door for broadband ISP blocking to combat trademark or copyright-infringing activities, the picture in the United States, China and Hong Kong is more complex. ...more

Knobbe Martens

GoDaddy victorious in dispute over OSCARS and ACADEMY AWARDS marks | World Trademark Review

Knobbe Martens on

In Academy of Motion Picture Arts and Sciences v GoDaddy.com, the US District Court for the Central District of California has entered judgment in defendant GoDaddy’s favour, holding that plaintiff Academy of Motion Picture...more

Fenwick & West LLP

And the Winner is? Digital Platform Liability for Trademark Infringement

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Much has been made of the question of liability for the operation or furnishing of digital platforms in the copyright context. Since the U.S. Supreme Court ruling that the provider of the Betamax recorder did not itself...more

Akerman LLP - Marks, Works & Secrets

Fourth Circuit Dispenses Comity and Limits Relief in Paper Towel Dispute

Akerman LLP - Marks, Works & Secrets on

The Fourth Circuit recently ruled on several important issues regarding the scope of relief that may be granted for trademark infringement. The backdrop for the decision in Georgia Pacific Consumer Products LP v. Von Drehle...more

Fenwick & West LLP

U.S. Court of Appeals for the Ninth Circuit Rules There Is No Cause of Action for “Contributory Cybersquatting”

Fenwick & West LLP on

On December 4, the Ninth Circuit ruled that the 1999 Anticybersquatting Consumer Protection Act (ACPA), 15 U.S.C. § 1125(d) does not provide a cause of action for contributory cybersquatting. In Petroliam Nasional Berhad...more

Faegre Drinker Biddle & Reath LLP

Use of Competitor’s Trademark As Trigger for Sponsored Ad is Not Trademark Infringement According to Tenth Circuit

Faegre Drinker Biddle & Reath LLP on

Despite years of litigation over keyword advertising, very few courts have reached the important question whether the use of a trademark solely as a trigger for an advertisement is likely to cause confusion. Last week, in a...more

Mintz - Trademark & Copyright Viewpoints

Contributory Infringement and Copyrights: If It Involves Your Customer, It Could be Your Problem Too

Mintz - Trademark & Copyright Viewpoints on

Right on the heels of our blog on trademarks and contributory infringement, comes a case in which the court refused to dismiss a claim against Amazon for sales by third parties of allegedly infringing photographs on its site....more

Mintz - Trademark & Copyright Viewpoints

Counterfeits, Trademark Infringement, and Contributory Liability: Your Vendors are Your Problem

Mintz - Trademark & Copyright Viewpoints on

Counterfeit goods seem to be everywhere, and efforts to police their ubiquitous existence often seem futile. However, a recent decision involving counterfeit Coach products should inspire those who host vendors of counterfeit...more

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