Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Practice Tip: A Synopsis of Trademark Licensor Liability
A case in strict products liability is available in all states against the manufacturer of a defective product. A “manufacturer” is often defined as one who designs, produces, sells or otherwise distributes the product. Suppose, however, a company's logo is on a product that has been manufactured by someone else. Is the non-manufacturer responsible to a plaintiff and if so, under what theory? The answer depends upon the state in which you sue. Some jurisdictions hold a non-manufacturer liable as an “apparent manufacturer” if it has merely licensed its trademark. Other states require that the licensor have a “significant role” in the chain of distribution, and some states are hybrid, eg, they permit liability against trademark licensors but require more than just licensing the trademark. The following examples illustrate the way some states analyze this liability.
Connecticut requires a “significant role” of the licensor. Burkert v. Petrol Plus, 216 Conn. 65, 579 N.E.2d 26 (1990) involved the sale of defective Dextron 2 automatic transmission fluid that plaintiffs purchased from Petrol Plus. Petrol Plus filed a third-party action seeking indemnification from General Motors, the trademark licensor of Dextron 2, pursuant to Restatement Torts 2nd '400, which provides: “One who puts out as his own product a chattel manufactured by another is subject to the same liability as though he were its manufacturer.”
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.