News & Analysis as of

Counterfeiting Contributory Infringement

Sheppard Mullin Richter & Hampton LLP

What Lady Whistledown Can Teach Us About Anti-Counterfeiting

Dearest Gentle Reader, it seems that the scandalous allure of counterfeit goods has infiltrated our esteemed society with alarming frequency. Behind the shimmering facade of the finest of marketplaces, whispers abound of...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

Haug Partners LLP

Intermediary Liability and Indirect Infringement for Marketplaces in Europe and the United States

Haug Partners LLP on

Counterfeiters often act through intermediaries, including online marketplaces, social media companies, and internet service providers (“ISPs”), that may not be aware that their services are being used for infringing...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

Dorsey & Whitney LLP

Real News Update: White House Issues Memo Aimed at Online Fakes

Dorsey & Whitney LLP on

Counterfeiting is a large problem for consumer product companies.  However, U.S. counterfeiting laws are difficult to enforce against many companies because they operate outside the United States, or the manufacturer of the...more

Mintz - Trademark & Copyright Viewpoints

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

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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