Mall operators had actual or constructive knowledge of tenants’ infringement, including prior law enforcement raids and eyewear maker Luxottica’s notifications of trademark infringement.

A jury properly found that owners and landlords of the International Discount Mall in College Park, Georgia, had at least constructive knowledge that subtenants were infringing Luxottica Group’s Ray-Ban and Oakley marks by selling counterfeit sunglasses, the U.S. Court of Appeals in Atlanta has held. The court affirmed the jury’s verdict that the defendants were guilty of contributory infringement, because with that constructive knowledge, they continued to lease space to those subtenants (Luxottica Grp., SpA v. Airport Mini Mall, LLC, August 7, 2019, Pryor, J.).

Case date: 07 August 2019
Case number:No. 18-10157
Court: United States Court of Appeals, Eleventh Circuit

A full summary of this case has been published on Kluwer IP Law.


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