Landlords whose tenants sell counterfeit goods can be liable for trademark infringement if they have knowledge of the infringing acts or are willfully blind to the infringement.
In Luxottica Group v. Airport Mini Mall, LLC, 932 F.3d 1303 (11th Cir. August 2019), Oakley, Inc. and its parent Luxottica sued the owners of a shopping mall in Georgia for contributory trademark infringement under the Lanham Act (15 U.S.C. §1114). Luxottica and Oakley make and sell high-end sunglasses under the Ray-Ban and Oakley trademarks.
Continue Reading Landlords – Watch out for Trademark-Infringing Tenants!