© 2011 Professor Tonya M. Evans
March 22, 2011
Based on the alleged willful trademark infringement of Prince Distribution, LLC, a South Carolina company that apparently sold counterfeit goods on its website, the website designer/SEO and web host Bright Builders, Inc., was found liable of contributory trademark infringement.
Contributory infringement, known as secondary liability, allows a trademark owner to hold those who assist or control an infringing supplier responsible for infringement as well.
In this case, the jury awarded $28,250 in total damages against the site owner (direct infringer) and a whopping $770,750 against the site designer (contributory infringer). But this decision is ripe for challenges on all sides of the legal debate so it will be interesting to follow this case to see how this all turns out.
Read the full story about Utah web designer/host found liable in landmark trademark infringement case [Charleston, SC Post and Courier March 19, 2011]
Read the full opinion of Roger Cleveland Golf Co v. Prince Distribution, LLC & Bright Builders, Inc. 2011