Cases week 5

Cases week 5 - Mister donut vs Mr donut Whether the prior...

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
Mister donut vs Mr donut Whether the prior use of a trademark is defense against infringement? Yes "(b) *** [The] registration shall be conclusive evidence of the registrant's exclusive right to use the registered mark in commerce on or in connection with the goods or services specified in the [application] … except when one of the following defenses or defects is established: *** "(5) That the mark whose use by a party is charged as an infringement was adopted without knowledge of the registrant's prior use and has been continuously used by such party … from a date prior to registration of the mark under this chapter … Provided, however, That this defense or defect shall apply only for the area in which such continuous prior use is proved ; * * *." Fonovisa v Cherry auction Whether Cherry auction is vicariously liable for indirect copyright infringement for having economic interests intertwined with direct infringer. yes "even in the absence of an employer-employee relationship one may be vicariously liable if he has the right and ability to supervise the infringing activity and also has a direct financial interest in such activities." The allegations below were that vendors occupied small booths within premises that Cherry Auction controlled and patrolled. According to the complaint, Cherry Auction had the right to terminate vendors for any reason whatsoever and through that right had the ability to control the activities of vendors on the premises. In addition, Cherry Auction promoted the swap meet and controlled the access of customers to the swap meet are We next consider the issue of financial benefit. The plaintiff's allegations encompass many substantive
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

Page1 / 2

Cases week 5 - Mister donut vs Mr donut Whether the prior...

This preview shows document pages 1 - 2. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online