ATT v. Winback, 42 F.3d 1421 (1995) p.499

FACTS

Sales reps hired as independant contractors. The reps are independant form the principle. The independant contractors misrepresented the services as that of P's. Is D liable for its independant contractors?

ISSUE

When you have an independant contractor, is there liability for trademark infringement?

RATIONAL

There was no contributory infringement here because D told the reps to stop. But is there vicarious liability here because D is financially benefiting from the reps selling the services under P's name? YES because this is an agency relationship. Have to prove:
1. there is a direct infringer
2. the relationship between the independant contractor is infringing

Created on: Thursday, March 09, 2000 at 17:59:08 (PST)