In this article from Law360, Finnegan attorney Naresh Kilaru provided commentary on the rise of counterfeiters in the mobile app industry. As the market for apps continues to grow, “The big question is who has the burden to police this stuff,” he said. “That’s really the million-dollar question.” Kilaru observed that the “closest analogous piece of Lanham Act case law is the 2010 Second Circuit ruling in Tiffany v. eBay Inc., which found that the burden is on rights holders, but that an online vendor like eBay must deal with counterfeit goods if given sufficient, specific notice.” Kilaru also pointed out that “sometimes it’s just easier to rely on the terms and conditions, or the user policy, of the particular site,” when rights holders seek assistance from app marketplaces to remove knockoffs.
Media Mention
Women in Business Law Americas Awards 2024: Three Finnegan Attorneys Shortlisted
April 7, 2024
Press Release
Finnegan and BMW Group Successfully Demolish Non-Practicing Entity NorthStar’s Efforts
April 3, 2024
Award/Ranking
Managing IP Americas Awards 2024: Finnegan Shortlisted for Nine Awards, Including Firm of the Year
March 12, 2024
Commentary
February 29, 2024
Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.
We use cookies on this website to provide you with the best user experience. By accepting cookies, you agree to our use of cookies. Please note that if you opt not to accept or if you disable cookies, the “Your Finnegan” feature on this website will be disabled as well. For more information on how we use cookies, please see our Privacy Policy.
Finnegan is thrilled to announce the launch of our new blog, Ad Law Buzz, devoted solely to breaking news, developments, trends, and analysis in advertising law.