Intellectual Property Liability of Consumers, Facilitators and Intermediaries:The Position in the United States

Intellectual Property Liability of Consumers, Facilitators and Intermediaries:The Position in the United States
Irene Calboli

ISBN 978-90-411-4126-2
2012 Kluwer Law International BV, The Netherlands

The issue of secondary liability for intermediaries and facilitators has been part of the trademark debate in the United States for several decades.1 Trademark owners have traditionally battled not only direct trademark infringers, but also those who profit from, provide support to, or simply do not prevent the illegal actions of direct infringers. Recently, secondary liability in the trademark context has become an even more pressing issue, primarily because of the growing role of the Internet and the flurry of trade in the online marketplace. As a result, plaintiffs have more frequently claimed secondary liability in trademark disputes in addition to direct liability, which has led to a growing number of judicial decisions in this area.