Free for a Fee

By Eric Goldman

Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc., C 07-03952 JW (N.D. Cal. Dec. 23, 2008)

This is one of countless anti-counterfeiting actions by luxury brands against allegedly infringing websites—but the twist is that the brand owner is going after the sites’ web host. In Tiffany v. eBay, the big brand got very little traction against eBay based on eBay hosting auctions for allegedly infringing goods. This case doesn’t turn out as well for the web host. The court, without citing Tiffany, leaves open the possibility that the web host could be liable for its customers’ infringing activities. Why the difference?

Contributory Copyright Infringement

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