Manufacturers Must Not be Blind to Their Rights Against Counterfeiters
By EsqSocial Corporation 19/01/21
Willful blindness is never a defense to contributory trademark infringement or counterfeiting. This has been the standard ever since the 2010 Tiffany (NJ) Inc. v. eBay, Inc. decision when the U.S. Court of Appeals for the Second Circuit established that Internet marketplaces cannot avoid contributory trademark infringement and counterfeiting when they turn a blind eye to specific conduct of others on their platform. The Second Circuit’s decision last week in Omega SA v. 375 Canal, LLC serves as...
By: K&L Gates LLP