News & Analysis as of

Counterfeiting › Landlords

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

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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

BakerHostetler

Oh! Mega Liability for Landlords Under Second Circuit’s Recent Trademark Infringement Ruling in Omega SA v. 375 Canal LLC

BakerHostetler on

In March 2019, after a seven-year-long legal battle, a Manhattan jury found defendant landlord 375 Canal LLC contributorily liable for trademark counterfeiting and infringement and awarded Omega SA statutory damages of $1.1...more

Weintraub Tobin

Landlords – Watch Out For Trademark-Infringing Tenants!

Weintraub Tobin on

Landlords whose tenants sell counterfeit goods can be liable for trademark infringement if they have knowledge of the infringing acts or are willfully blind to the infringement. In Luxottica Group v. Airport Mini Mall, LLC,...more

Shutts & Bowen LLP

Landlord Liable for Subtenants’ Trademark Infringement

Shutts & Bowen LLP on

If you asked most commercial landlords what keeps them up at night, they probably wouldn’t say that they worry about their tenants committing trademark infringement.  Granted, trademark infringement is not likely to be an...more

Holland & Knight LLP

Cases Highlight Commercial Landlord Potential Liability for Trademark Infringement by Tenants

Holland & Knight LLP on

• Reported verdicts and settlements in the last 10 years confirm that commercial landlords/owners could be held liable for the trademark infringement activity of their tenants. • Commercial landlords/owners must take...more

Dorsey & Whitney LLP

Court Upholds Prison for Flea Market Owner for Counterfeiting by Tenants

Dorsey & Whitney LLP on

As trademark and copyright counterfeiting and piracy has grown, courts have become more willing to grant meaningful relief to rights owners and to penalize counterfeiters and those who facilitate their illicit activities. ...more

Seyfarth Shaw LLP

Landlords Beware

Seyfarth Shaw LLP on

Courts from California to New York have long held landlords accountable for contributory trademark infringement in knowingly leasing real property for unlawful trades, manufacture or business, when those landlords rent space...more

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