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Intellectual Property Litigation: Second Circuit Decides Two Counterfeiting Cases

May 12, 2021

Litigation partners Eric Stone and Catherine Nyarady’s latest intellectual property litigation column, “Second Circuit Decides Two Counterfeiting Cases,” appeared in the May 12 issue of the New York Law Journal. The authors discuss two recent cases in which the Second Circuit addressed the question of liability for counterfeiting under the Lanham Act. In Tiffany and Co. v. Costco Wholesale, the panel found that if Costco could not be held liable for infringement, it could not be held liable for counterfeiting either because it is “merely an aggravated form of infringement.” In Omega SA v. 375 Canal, the court held that the response to notice of possible infringement by others on a given property can determine liability. Litigation associate Michael Milea assisted in the preparation of the article.

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