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"If the Fifth Circuit agrees with the Ninth Circuit, it may dissuade district courts, even outside of these circuits, from perpetuating the ‘stitch-for-stitch' requirement for counterfeits."
In our view...the Lanham Act allows access to special remedies in cases that involve counterfeits, as well as when an identical logo or word mark is used on the same type of product in the trademark registration, even if the defendant’s products and/or their packaging do not resemble the plaintiff’s.
David Bernstein is the chair of Debevoise & Plimpton’s Intellectual Property Litigation Group and widely recognized as one of the world’s “preeminent” trademark lawyers. He helps global companies navigate their most important and complex intellectual property matters, including those involving trademark and trade dress infringement and dilution, false advertising, domain names, copyrights and publicity rights. Legal directories and clients have…
Online marketplaces like Etsy, Zazzle, and Redbubble thrive by becoming the primary destination for numerous smaller and emerging brands. However, these platforms can also turn into a breeding...
Contributory liability is important for brand owners to consider when seeking to enforce their trademarks online, especially when dealing with online marketplaces.