Protecting [redacted]’s Good Name

Mini-Mall Landlord Knew Or Should Have Known That $15 and $20 Ray-Bans Were Counterfeit

Luxottica sues landlord of indoor flea market for contributory infringement, after landlord fails to stop on-going sale of counterfeit Ray-Bans and Oakleys. $1.9 million judgment upheld by 11th Circuit. Held:

(1) A defendant is liable for contributory TM infringement if defendant (1) intentionally induced the direct infringer; or (2) supplied a product to the direct infringer whom it knows or should have known is directly infringing;

(2) A landlord can be said to be ‘supplying a product’ under this analysis;

(3) 11th Circuit joins consensus of circuit courts that ‘willful blindness’ is a form of constructive knowledge;

(4) 11th Circuit holds that there can be constructive knowledge of specific infringing acts. – The 11th Circuit distinguishes a landlord from eBay in Tiffany v, eBay – While the 2d Circuit held that it could not be said that eBay should have known which of its millions of listings were counterfeit, here, the landlord of a mini-mall should have known (after there had already been a police raid),that among its 130 or so tenants, some were counterfeiters – the volume of tenants was not so high, and no expertise is needed to know that $15 and $20 Ray Bans are counterfeits.

Query: note the comparison of number of listings in eBay (who could perform a search), to number of tenants in a mall, and not the number of products that those tenants sell.

Luxottica Group, Oakley v. Airport Mini Mall, LLC, 15-cv-01422-AT:

100 domain names with the prefix RockN?

Complaint denied and reverse domain name hijacking in UDRP re RockNCrystals.com https://bit.ly/2kCwB3v

Traeger Pellet v Traeger – Transfer of Rights of Publicity

New post on trademark/right of publicity: Think of the Name https://t.co/iWQlm1GziB pic.twitter.com/GusC1cpwu1

— Her Mavenship (@pchestek) September 16, 2019

What Logos Are Most Effective?

What logos are more effective? https://t.co/rdycZ3tNfG

— Lee Curtis (@BrandsAndStuff) September 14, 2019

10th Cir: C5 Medical Werks v CeramTec GmbH (lack of personal jurisdiction (after trial))

C5 Medical Werks v. Ceramtec GMBH, No. 17-1173 (10th Cir. 2019) :: Justia https://t.co/LbhWYiC6GS

— The Trademark Blog (@TrademarkBlog) September 13, 2019

Deep Fakes

Danielle Citron: How deepfakes undermine truth and threaten democracy | TED Talk https://t.co/VmgP3KkHRT

— The Trademark Blog (@TrademarkBlog) September 13, 2019

Jewelry Counterfeiting

Owner of Old Town Albuquerque Jewelry Stores Sentenced to Six Months for Fraudulently Selling Filipino-Made Jewelry as Native American-Made | USAO-NM | Department of Justice https://t.co/AQYj2ukiA8

— The Trademark Blog (@TrademarkBlog) September 13, 2019

Donuts, what can’t they do

Pokemon donuts will be on sale soon in Mr. Donut in Japan. pic.twitter.com/RdPsNDgg8Z

— Mondo Mascots (@mondomascots) September 13, 2019

The The Trademark

Ohio State's trademark request for 'The' denied – News – The Columbus Dispatch – Columbus, OH https://t.co/aPGph66s1g

— The Trademark Blog (@TrademarkBlog) September 13, 2019