Hard Rock Cafe Licensing Corp. v. Concession Services, Inc.

Hard Rock Cafe Licensing Corp. v. Concession Services, Inc.
Court United States Court of Appeals for the Seventh Circuit
Full case name Hard Rock Cafe Licensing Corp. v. Concession Services, Inc.
Argued September 17, 1991
Decided February 4, 1992
Citation(s) 955 F.2d 1143
Court membership
Judge(s) sitting Richard Dickson Cudahy, Daniel Anthony Manion, John W. Reynolds (E.D. Wis.)
Case opinions
Majority Cudahy, joined by a unanimous court
Laws applied
Lanham Act, 15 U.S.C. § 1051 et seq.

Hard Rock Cafe Licensing Corp. v. Concession Services, Inc., 955 F.2d 1143 (7th Cir. 1992),[1] is a case from the Seventh Circuit Court of Appeals, which extended contributory liability to the context of flea market operators.[2] Finding no distinction between the responsibilities of a landlord-owner and a manufacturer-distributor, the Court applied the Inwood test,[3] holding Concession Services liable for "willful blindness" where they had knowledge that counterfeit Hard Rock Cafe merchandise was being sold at their market and did nothing to "detect or prevent" such sales.[2][1]

References

  1. 1 2 Hard Rock Cafe Licensing Corp. v. Concession Services, Inc., 955 F.2d 1143, 1148 (7th Cir. 1992).
  2. 1 2 Justin Nicholas Redman, Post-Tiffany (NJ) Inc. v. eBay, Inc.: Establishing a Clear, Legal Standard for Online Auctions, 49 Jurimetrics J. 467 (2009).
  3. ↑ Inwood Laboratories Inc. v. Ives Laboratories, Inc., 456 U.S. 844 (1982).
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