Skip to main content Accessibility help
×
Hostname: page-component-7479d7b7d-k7p5g Total loading time: 0 Render date: 2024-07-11T19:20:15.665Z Has data issue: false hasContentIssue false

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

Irene Calboli
Affiliation:
Texas A&M School of Law
Jane C. Ginsburg
Affiliation:
Columbia University School of Law
Get access

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.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×