Pinduoduo is an online shopping platform from China, that combines several e-commerce techniques, including coupons, and discounts for ‘aggregated sales’ (similar to the model of Massdrop). Pinduoduo is backed by Tencent. It filed a Form F-1 in connection with a U.S. IPO on July 16. On July 19, a Chinese diaper company, Beijing’s Daddy Choice, […]
Category Archives: Contributory/Vicarious Liability
Routt v Amazon: Review of 9th Circuit (c) vicarious liaiblity cases
Routt v. Amazon. com Review of 9th Circuit © vicarious liability cases http://t.co/stOvhcn5sL — TrademarkBlog (@TrademarkBlog) September 4, 2014
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 […]
SEO/ Web Host Ordered To Pay $750K – Intermediary Liability
A jury has found a search engine optimization firm, Bright Builders, to be liable for ‘building and hosting’ a customer’s site that sold counterfeit goods. A judge has ordered that it pay $750k in damages. The case isRoger Cleveland Golf Company v. Prnce, Shelley and Bright Builders Inc., 2:09-cv-02119-MBS (D South Carolina March 14 2011).
Important Decision: Gucci Pleads Good Contributory Infringement Action Against Credit-Card Processors
This is an important SDNY decision. Gucci sued companies that process credit card transactions for ‘replica’ websites. On 12(B)(6) motion, Court holds: Gucci can proceed with its action against Defendants if it can show that they (1) intentionally induced the website to infringe through the sale of counterfeit goods or (2) knowingly supplied services to […]
Discuss This Post-Tiffany/eBay Fact pattern
Assume Lockheed owns an incontestable registration for SKUNKWORKS. Lockheed sends cease and desist letter to registry alleging that SKUNKWORKS.COM is being used to infringe its trademark. Registry refuses to de-activate site. Lockheed sues in 2d Circuit and not 9th, so don’t discuss Lockheed v NSI (the SKUNKWORKS case).
2d Circuit Affirms Dismissal of Infringement Cause, Remands False Advertisement, Against eBay in Tiffany case (Text of Decision)
District Court dismissal of direct and contributory infringement by eBay affirmed, dismissal of false advertising vacated and remanded back. Very very quick summary after one quick reading: eBay has ‘general knowledge’ that for its Tiffany listings, some unknown percentage was counterfeit (not 95% but not zero). However, it doesn’t specifically know whether any particular listing […]
OneOK Sues Twitter Over Name-squatting, Then Drops Suit
OneOk sues Twitter after Twitter refuses to provide info regarding Twitter user named ONEOK. Mashable reports that the suit has been dropped. Complaint Oneok Twitter
Steve Madden Sues eBay in SDNY
Early coverage here. Seems that this involves the sale of STEVE MADDEN watches on eBay which is problematic because STEVE MADDEN doesn’t license watches. Steve Madden v Ebay
"It's Time to Update the Lanham Act for the 21st Century"
Kimberly Isbel: “It’s Time to Update the Lanham Act for the 21st Century” “(Discussion of ‘innocent infringer’ safe harbor in Section 32): When applied to the online activities of companies like Twitter, Google and the Internet Archive, the inadequacy of the remedy-limiting language used in Section 32(2) readily becomes apparent.