Is There Ever a Reason to Know? A Comparison of the Contributory Liability "Knowledge" Standard for Websites Hosting Infringed Trademarked Content Versus Infringed Copyrighted Content
Litigation associate Rachel Agress published an article entitled “Is There Ever a Reason to Know? A Comparison of the Contributory Liability ‘Knowledge’ Standard for Websites Hosting Infringed Trademarked Content Versus Infringed Copyrighted Content” in The Pepperdine University School of Law’s Journal of Business, Entrepreneurship and the Law. The article proposes that the doctrines of contributory copyright and contributory trademark liability are based on the confluence of the doctrine of basic tort liability and the policy goal of encouraging innovation and vigorous commerce as new products and services are developed.