Inducement to contribute to infringe … to roll on

Originally posted 2011-01-20 22:38:14. Republished by Blog Post Promoter

Michael Atkins:

Novel causes of action for contributory cybersquatting and contributory dilution appear to viable here in the Western District [of Washington].

On Jan. 12, Western District Judge Ricardo Martinez refused to dismiss such claims plaintiff brought in Microsoft Corp. v. Shah.

In that case, Microsoft alleges defendants, among other things, induced others to engage in cybersquatting and dilution by instructing them on how to use Microsoft trademarks to increase traffic on their Web sites. Microsoft also alleges defendants sold a product that contained software that enabled buyers to create Web sites incorporating Microsoft marks to help sell emoticon-related software, including a video narrated by defendant Amish Shah.

Defendants moved to dismiss, arguing claims for contributory cybersquatting and contributory dilution are not recognized.

The court denied the motion.

This is an interesting development, and one to watch, in light of what I see as the overall reluctance of courts to extend the law of secondary liability for trademark infringement — including with respect to domain name registrars.

email

Tags: , ,

Author:Ron Coleman

I write this blog.

Subscribe

If you don't get enough email (who does?), I can send you LIKELIHOOD OF CONFUSION® blog posts by email! Free!

10 Responses to “Inducement to contribute to infringe … to roll on”

  1. January 21, 2011 at 9:11 am #

    “Amish Shah” causes me to have mental images of a leader of pre-revolutionary Iran who dresses in black and uses a horse and buggy instead of a car.

Trackbacks/Pingbacks

  1. INTA - January 21, 2011

    RT @roncoleman: #Trademarks: Inducement to contribute to infringe … to roll on http://bit.ly/fOTmMM | LIKELIHOOD OF CONFUSION®

  2. DebraTuomey - January 21, 2011

    RT @RonColeman: #Trademarks: Inducement to contribute to infringe … to roll on http://bit.ly/fOTmMM | LIKELIHOOD OF CONFUSION®

  3. Patricia Williams - January 21, 2011

    RT @_INTA: RT @roncoleman: #Trademarks: Inducement to contribute to infringe … to roll on http://bit.ly/fOTmMM | LIKELIHOOD OF CONFUSION®

  4. InternetLaw - January 27, 2011

    “Inducement to contribute to infringe … to roll on” http://bit.ly/h3opRQ

  5. Vere Software - January 27, 2011

    RT @InternetLaw: “Inducement to contribute to infringe … to roll on” http://bit.ly/h3opRQ

  6. Miquel Peguera - January 28, 2011

    Inducement to contribute to infringe … to roll on http://bit.ly/fOTmMM

  7. Javier de la Cueva - January 28, 2011

    RT @MiquelP: Inducement to contribute to infringe … to roll on http://bit.ly/fOTmMM

  8. Ofelia Tejerina - January 29, 2011

    RT @MiquelP: Inducement to contribute to infringe … to roll on http://bit.ly/fOTmMM

  9. Sergio Carrasco - January 31, 2011

    RT @MiquelP: Inducement to contribute to infringe … to roll on http://bit.ly/fOTmMM

Leave a Reply