LYCOS RETRIEVER 
Trademark Infringement: Defendants
built 215 days ago
Answer: A type of infringement of a famous trademark in which the defendant's use, while not causing a likelihood of confusion, tarnishes the image or blurs the distintiveness of the plaintiff's mark. For example, if someone tries to sell "KODAK" pianos, KODAK could stop the person--even if consumers were not confused--because "KODAK" is a famous mark, and its use on products other than film and film-printing accessories (or other products on which Eastman Kodak places the mark) dilutes its uniqueness.
Source:
Jacob Leinenkugel Brewing Co. (Chippewa Falls) is suing the Northwoods Brewing Corp. (Eau Claire) for trademark infringement, asking U.S. District Judge Barbara Crabb to prohibit the defendants from using the Northwoods name. Northwoods Brewing plans to open the Northwoods Brew Pub & Grill in December near the Oakwood Mall in Eau Claire. Consumers seeing "Northwoods" on the brew pub are likely to assume it is somehow associated with Leinenkugel, the lawsuit says. Leinenkugel sells Leinenkugel's Northwoods Lager and uses the Northwoods theme to extend their brand.
Source:
Liability for copyright or trademark infringement is not limited to the primary infringer, but may extend to persons who have, in some significant way, facilitated the infringement. Such indirect liability typically falls into one of two categories. First, a defendant who has knowledge of another's copyright infringement, and "induces, causes or materially contributes to" the activity, may be liable for what is commonly referred to as "contributory infringement." E.g., Sony Corp. v. Universal City Studios, Inc., 464 U.S. 417 (1984). Similarly, a defendant who intentionally induces another to infringe a trademark, or who supplies a product knowing that the recipient is using the product to engage in trademark infringement, may be liable for contributory infringement. Inwood Laboratories, Inc. v. Ives Laboratories, Inc., 456 U.S. 844 (1982).
Source:
MORE ABOUT
Defendants