Flea market operator held contributorially liable for trademark infringement by vendors?

Plaintiffs brought suit under the Lanham Act, alleging a flea market operator is liable for sales of counterfeit products at his flea market. The district court granted plaintiffs’ motion for summary judgment on liability, entered judgment on the jury’s damages verdict of $5,040,000, and awarded attorney’s fees and costs to plaintiffs in the amount of $186,666.61. Defendant argues on appeal that the Lanham Act does not provide for contributory liability for trademark infringement by third persons and that this is not an “exceptional case” warranting attorney’s fees. Because we find the district court neither erred as a matter of law nor abused its discretion, we affirm.

An interesting read. Read more…http://caselaw.findlaw.com/us-6th-circuit/1633091.html

Speak Your Mind

*