In U.S. law, the expression “secondary liability” is an umbrella term
encompassing a number of different types of trademark infringement claims,* 1 but
its essential meaning is that liability does not turn on the defendant itself using the
plaintiffs mark. Rather, in such cases, the defendant is held responsible for the
infringements occasioned by a third party’s use of the plaintiffs mark. Trademark
owners might strategically prefer to bring a secondary liability claim instead of
suing the third party infringer. A secondary infringement action may increase
efficiency by allowing the mark owner to secure, in a single proceeding, relief
against a party whose conduct is simultaneously enabling multiple acts of
infringement by a number of primary infringers.2
In U.S. law, the expression “secondary liability” is an umbrella termencompassing a number of different types of trademark infringement claims,* 1 butits essential meaning is that liability does not turn on the defendant itself using theplaintiffs mark. Rather, in such cases, the defendant is held responsible for theinfringements occasioned by a third party’s use of the plaintiffs mark. Trademarkowners might strategically prefer to bring a secondary liability claim instead ofsuing the third party infringer. A secondary infringement action may increaseefficiency by allowing the mark owner to secure, in a single proceeding, reliefagainst a party whose conduct is simultaneously enabling multiple acts ofinfringement by a number of primary infringers.2
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