Crypto Edu | IP | Innovation| Law <> @IPProfEvans
Telling users how to strip the DRM from their legally purchased ebooks is not contributory copyright infringement, according to a ruling last month by a federal judge in New York. Judge Denise Cote dismissed two publishers’ claims of contributory infringement and inducement inAbbey House Media v. Apple Inc., one of the many cases to come out of the antitrust litigation against Apple and a handful of major publishers.
Source: EFF.org
© 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]
