Courts can apply contributory liability to trademark law
Irene Calboli, 2016 - Professor of Law at Texas A&M University School of Law, Academic Fellow at the University of Geneva, and Visiting Professor at Nanyang Technological University “Contributory Trademark Infringement on the Internet: Shouldn't Intermediaries Finally Know What They Need to "Know" and "Control?", in RESEARCH HANDBOOK ON ELECTRONIC COMMERCE LAW, Elgar Online. Accessed via University of Michigan //DH
Accordingly, even though it may be difficult to craft rules that would fully satisfy the need for certainty, the courts should at least clarify the interpretation of the existing standards for contributory trademark liability, or explicitly adopt and elaborate on a new ad hoc standard in this area. At a minimum, courts could clarify and give specific instructions as to what measures intermediaries could take to avoid liability, and to what extent intermediaries should police the marketplaces.154 Perhaps the Supreme Court could again grant certiorari in a case related to contributory trademark infringement and further clarify its previous ruling in Inwood.