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This monumental lawsuit marked the first time in the United States that a trial resulted in a verdict that imposed liability on lead pigment manufacturers for creating a public nuisance.
For when 'it is impossible to know, in view of the general verdict returned' whether the jury imposed liability on a permissible or an impermissible ground 'the judgment must be reversed and the case remanded.' New York Times Co. v. Sullivan, supra, 376 U.S. at 284, 84 S.Ct. at 728.
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The important point for present purposes, however, is that none of the express causes of action in the 1934 Act further imposes liability on one who aids or abets a violation.
Section 32, codified at 15 U.S.C. § 1114, similarly imposes liability on one who "without the consent of the registrant- a) use[s] in commeregistrant- aduse[sn... [or] copy... of a regintered mark... in commerceon with which such use is likely to canye confusion, oreproductionistake, or to deceive" (emphasis added).
It could, for one thing, improve accuracy by imposing liability on lenders for failing to conduct investigations when consumers complain to them.
The first — vicarious infringement — imposes liability on a principal for the infringing acts of its agent.
Instead, it seeks to impose liability on Defendant for the actions of its affiliate.
The rest impose liability on gun owners only under certain conditions.
Therefore, it is often more important to impose liability on the non-negligent injurer than on the negligent injurer.
The Federal Circuit requires a showing of bad faith before imposing liability on patent holders for damage done to alleged infringers.
The lack of such assurance has not prevented us in the past from imposing liability on licensees.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com