Secondary Trademark Infringement treatise updated for 2010-11
From the Overview to the update of Secondary Trademark Infringement by Jane Coleman, which is now complete: Of all the contexts in which secondary liability has... Read more
Author: Jane Coleman
Secondary trademark liability and false advertising
This year’s supplement features the Eleventh Circuit’s decision in Duty Free Americas, Inc. v. Estee Lauder Cos. (DFA)[1], another in a growing body of cases... Read more
A Man, a Plan, a Telemarketing Scam
Dish Network v. Siddiqi: A Rare Case of Vicarious Trademark Infringement Vicarious trademark infringement cases such as the recently decided Dish Network v. Siddiqi are much less... Read more
Not Baidu enough
Baidu is another case in which the court declined to extend anything like a strict-liability standard for contributory infringement, in this case against a domain... Read more
Secondary trademark liability: Third party counterfeiting as proof of knowledge?
QUERY: Are sales of counterfeit products other than those of the plaintiff valid proof of a defendant’s “knowledge” in a contributory trademark infringement case? That... Read more
Gucci v. Frontline Processing: Giving credit for infringement where it’s due
The essential role played by credit card companies in online trademark infringement was recognized in Gucci America, Inc. v. Frontline Processing Corp. In that case,... Read more
Locution, Locution, Locution: IP Licensors – Service Suppliers or Product Providers?
Consider the following scenario: Company A is a well-known film producer that licenses its intellectual property rights in famous cartoon characters to Company B, a... Read more
Best of 2010: Gucci v. Frontline Processing: Giving credit for infringement where it’s due
First posted July 12, 2010. The essential role played by credit card companies in online trademark infringement was recognized in Gucci America, Inc. v. Frontline... Read more
Rosetta Stone v. Google: Lost in translation
When courts consider search engine company liability for trademark infringement, whether direct or indirect, they typically focus on the sale of “trademarked” keywords, or search... Read more
Transamerica v. Moniker Online: When domain registrars go bad
Domain name registrars have not typically been held contributorily liable for trademark infringement committed by their registrants. See Lockheed Martin; Size, Inc.; Academy of Motion... Read more