Secondary trademark infringement: The whole of the law
This website is dedicated to an examination of the law of secondary liability for trademark infringement – the idea that someone other than a direct infringer can be liable for infringing another’s trademark. Secondary liability for trademark infringement is a relatively recent development in the law, and it has evolved entirely in the courts. . . .
Of all the contexts in which secondary liability has been raised, whether contributory or vicarious, the Internet has by far generated the most interest and attention. The advent of Internet commerce has created new problems for the law to address. On the Internet, buying and selling take place among a seemingly infinite number of parties at lightning speed, making it difficult both to police and remediate infringement. These issues came to light in Tiffany v. eBay, where the court observed that “more than six million new listings are posted on eBay daily, and at any given time, some 100 million listings appear on the website.”
That’s from the overview of Jane Coleman‘s new short treatise on vicarious infringement and contributory infringement of trademarks — those are the two different types of secondary liability, you know — which is the first work to analyze and digest thoroughly the entire law on this developing subject.
And talk about thorough! Be sure and read it through and through so you’ll be ready to comment incisively when the Second Circuit does its work on Tiffany v. eBay (oral argument was in mid July, by the way). You’ll be the hit of the party.
Originally posted 2009-09-07 15:00:09. Republished by Blog Post Promoter