23
Jan/12

LV v Eisenhauer Flea Market (Notice and Contributory Infringement)


WD Texas (Nov 2011): Judge dismisses defendant flea market’s motion to dismiss LV’s contributory trademark complaint on the pleadings (top document). Footnote 3 addressing policing burden: The argument that defendants are ‘impermissibly burdened’ is ‘unpersuasive.’ “Avoidance of contributory infringement does not require a flea-market owner to take precautions against the sale of counterfeit goods or to seek out violations in the market . . . The only duty imposed is to avoid providing space to counterfeiters who the owner knows or has reason to know are selling counterfeit goods.”

Court’s instructions to jury in trial two months later (Jan 12 2011) (bottom doc). Jury found for LV.

News coverage here.

Lv v Eisenhauer Texas

Lv v Eisenhauer Jury Charges

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