Tuesday, September 13, 2011

Ninth Circuti -- LOUIS VUITTON MALLETIER, S.A. V. AKANOC SOLUTIONS, INC.

Express finding of intent not required for contributory copyright & trademark infringement.

Judge was correct to set aside copyright infringement verdict, as there was no proof that the deft operated the servers on which the infringement was hosted.

No error in instruction not distinguishing website host from website which harms trademark, the second could not exist without the first.

Statutory damages authorized for contributory infringement.

LOUIS VUITTON MALLETIER, S.A. V. AKANOC SOLUTIONS, INC.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

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Author's SSRN page here.