Book contents
- The Cambridge Handbook of International and Comparative Trademark Law
- The Cambridge Handbook of International and Comparative Trademark Law
- Copyright page
- Contents
- Editors and Contributors
- Foreword
- Preface
- Part One International Aspects of Trademark Protection
- Part Two Comparative Perspectives on Trademark Protection
- I The Nature and Functions of Trademarks
- II Signs That Can Be Protected as Trademarks
- III Public Policy Limitations of Trademark Subject Matter
- IV The Relationship between Trademarks and Geographical Indications
- V Certification and Collective Marks
- VI The Relationship between Trademark Law and Advertising Law
- VII The Relationship between Trademark Law and the Right of Publicity
- VIII Trademarks and Domain Names
- IX Overlapping Rights
- X Theories Underlying the Standards for Trademark Infringement
- XI Trademark Dilution
- XII Secondary Trademark Liability
- 31 Approaches to Secondary Liability for Trademark Infringement
- 32 Approaches to Secondary Liability for Trademark Infringement
- XIII Trademark Defenses
- XIV The Principle of Exhaustion of Trademark Rights
- XV Trademark Transactions
- Index
31 - Approaches to Secondary Liability for Trademark Infringement
Common Law Evolution
from XII - Secondary Trademark Liability
Published online by Cambridge University Press: 18 September 2020
- The Cambridge Handbook of International and Comparative Trademark Law
- The Cambridge Handbook of International and Comparative Trademark Law
- Copyright page
- Contents
- Editors and Contributors
- Foreword
- Preface
- Part One International Aspects of Trademark Protection
- Part Two Comparative Perspectives on Trademark Protection
- I The Nature and Functions of Trademarks
- II Signs That Can Be Protected as Trademarks
- III Public Policy Limitations of Trademark Subject Matter
- IV The Relationship between Trademarks and Geographical Indications
- V Certification and Collective Marks
- VI The Relationship between Trademark Law and Advertising Law
- VII The Relationship between Trademark Law and the Right of Publicity
- VIII Trademarks and Domain Names
- IX Overlapping Rights
- X Theories Underlying the Standards for Trademark Infringement
- XI Trademark Dilution
- XII Secondary Trademark Liability
- 31 Approaches to Secondary Liability for Trademark Infringement
- 32 Approaches to Secondary Liability for Trademark Infringement
- XIII Trademark Defenses
- XIV The Principle of Exhaustion of Trademark Rights
- XV Trademark Transactions
- Index
Summary
How does the law decide when a party should face trademark liability for infringement committed by someone else? The law of secondary trademark liability addresses that question. It offers trademark law’s perspective on what the US Supreme Court has described as the “problem of identifying the circumstances in which it is just to hold one individual accountable for the actions of another.”1 This apparently straightforward question masks a complex set of underlying issues, including a surprisingly tricky one: what is direct trademark infringement? In other words, what distinguishes principal from secondary liability in trademark law? Only after defining primary infringement can the law resolve the topic of this chapter: how to define the liability of individuals who have not themselves infringed, but nonetheless should be held to account for another’s infringement.
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- Publisher: Cambridge University PressPrint publication year: 2020