A clear liability standard drives cost reduction
Andrew Ligon Fant, 2022 - J.D. Candidate, 2023, University of Georgia School of Law. “Reconsidering the Willful Blindness Doctrine in Contributory Trademark Infringement,” 29 J. INTELL. PROP. L. 318 (2022). Available at: https://digitalcommons.law.uga.edu/jipl/vol29/iss2/3 //DH
The tension created by the Second Circuit’s application of the willful blindness doctrine, together with already-divergent standards amongst the circuit courts of appeal, causes confusion for all parties that play a role in trademark enforcement.10 This confusion increases costs, which the parties pass on to consumers.11 The lack of a clear and uniform liability standard, from either the legislature or judiciary, clouds the decision-making of both trademark registrants and online marketplace operators.12 The lack of clarity makes it difficult for companies to make decisions as to their obligations to each other, their obligations to consumers, and the resources they are each obligated or willing to devote to policing trademark infringement.13