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Tiffany claimed the contributory trademark infringement of eBay, which was a judicially constructed doctrine articulated by the Supreme Court in Inwood Laboratories, Inc. v. Ives Laboratories, Inc. and found the liability for trademark infringement can extend beyond those who actually mislabel goods with the mark of another. As established in ...
A daily look at legal news and the business of law: eBay Didn't Infringe Tiffany's Trademark, Court Decides In a case that may echo into the Google/YouTube v. Viacom copyright showdown, the 2nd U ...
eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388 (2006), is a case in which the Supreme Court of the United States unanimously determined that an injunction should not be automatically issued based on a finding of patent infringement, but also that an injunction should not be denied simply on the basis that the plaintiff does not practice the patented invention. [1]
Under the Lanham Act, an owner of a trademark is permitted to sue anyone who uses a mark that is identical or confusingly similar to the trademark owner's mark or who otherwise makes deceptive claims of origin. [3] The Lanham Act does not explicitly provide a cause of action for contributory infringement. [4]
The Supreme Court first held that liability for trademark infringement could extend beyond direct infringers in Inwood Laboratories, Inc. v. Ives Laboratories, Inc. [28] The Supreme Court articulated the following standard for contributory infringement: "If a manufacturer or distributor intentionally induces another to infringe a trademark, or ...
If the trademark is the subject of a trademark registration, the complaint must provide the registration. Otherwise, the complaint must list: (a) the trademark; (b) the goods and/or services that are associated with the trademark; (c) the date on which the trademark was first used on such associated goods and/or services; and (d) the geographic ...
Cybersell, Inc. v. Cybersell, Inc. arose out of a claim of trademark infringement. The plaintiff corporation, in Arizona, sued a Florida corporation who was using the plaintiff's registered trademark on its website. The website created by the defendant was for a small company that advertised its website construction services under the name ...
The district court relied on Tiffany Inc. v. eBay, Inc., where the Second Circuit rejected a contributory trademark infringement claim against eBay by Tiffany's, to rule against Rosetta Stone's contributory infringement claim. [8]
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