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Full-Text Articles in Law
Palsgraf, Principles Of Tort Law, And The Persistent Need For Common-Law Judgment In Ip Infringement Cases, Jay Dratler Jr.
Palsgraf, Principles Of Tort Law, And The Persistent Need For Common-Law Judgment In Ip Infringement Cases, Jay Dratler Jr.
Akron Intellectual Property Journal
This short paper attempts to show how courts can build-and are building-a rational jurisprudence of secondary liability for IP infringement upon the foundation of these two great common-law principles of tort law: proximate cause and culpability. Besides this introduction (Part I), the paper has four sections. Part II discusses the notion of proximate cause and its application to cases assessing liability for IP infringement. It also explores a modem, economic test for proximate cause: the concept of least-cost avoider. Part III discusses the principle of culpability in cases of secondary liability and how to reconcile it with the traditional strictness …
Contributory Infringers And Good Samaritans, Mark Bartholomew
Contributory Infringers And Good Samaritans, Mark Bartholomew
Akron Intellectual Property Journal
Part I of this Essay describes existing contributory infringement doctrine. Part II examines the circumstances in tort law where courts have found that the relationship between the defendant and the direct actor justifies imposition of a duty to control the latter. Interestingly, the ability to manage the actions of the direct actor is not the only requirement for imposing such a duty. Part III applies these findings from tort law to the specialized context of intellectual property.