No. 23-681

Diamond J. Wholesale, LLC, dba Gabsons Novelties v. Top Tobacco, L.P., et al.

Lower Court: Eleventh Circuit
Docketed: 2023-12-22
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure corporate-liability individual-liability knowing-violation lanham-act mark-misuse statutory-interpretation threshold-of-significance trademark-infringement
Key Terms:
Trademark Patent
Latest Conference: 2024-01-19
Question Presented (AI Summary)

When does individual liability attach for corporate employees under the Lanham Act?

Question Presented (from Petition)

QUESTION PRESENTED The Lanham Act sets up a two-tiered penalty regime for cases involving counterfeit marks depending on whether the use of those marks was knowing. While 15 U.S.C. § 1117(a) does not require a showing of a knowing violation to subject a corporation or individual to liability, left unclear is when individual liability attaches when one is acting on behalf of a corporation. Does any amount of involvement in the misuse of a mark subject a corporate employee to individual liability, or does the individual need to be the moving force in violation? If the latter, what threshold of significance is necessary to subject an individual to liability?

Docket Entries

2024-01-22
Petition DENIED.
2024-01-03
DISTRIBUTED for Conference of 1/19/2024.
2023-12-27
Waiver of right of respondent Top Tobacco, L.P., et al. to respond filed.
2023-12-20
Petition for a writ of certiorari filed. (Response due January 22, 2024)
2023-11-15
Application (23A432) granted by Justice Thomas extending the time to file until December 20, 2023.
2023-11-10
Application (23A432) to extend the time to file a petition for a writ of certiorari from November 20, 2023 to January 19, 2024, submitted to Justice Thomas.

Attorneys

Diamond J. Wholesale, LLC d.b.a. Gabsons Novelties, Raj Soloman
Kurt Gregory KastorfKastorf Law LLC, Petitioner
Kurt Gregory KastorfKastorf Law LLC, Petitioner
Top Tobacco, L.P., et al.
Maia T. WoodhouseAdams and Reese LLP, Respondent
Maia T. WoodhouseAdams and Reese LLP, Respondent