Incontestable Trademark Newsletter - September 2010.
Mondaq Business Briefing › Nbr. 2010, January 2010
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Incontestable Trademark Newsletter - September 2010.
Incontestable Trademark Newsletter - September 2010
Civil Cases Lou v. Otis Elevator Co., 77 Mass. App. Ct. 571 (Sept. 3, 2010) by Michael R. Justus ABSTRACT In a question of first impression, a three-judge panel for the Massachusetts Appeals Court affirmed a multimillion-dollar jury verdict against Otis Elevator Co. for liability as a trademark licensor under the "apparent manufacturer" doctrine for injuries resulting from an escalator accident in China, despite the fact that defendant did not sell or manufacture the escalator. The court held that there was ample evidence for a jury to find that defendant "participated substantially in the design or manufacture of the escalator," as required under the court's interpretation of the apparent manufacturer doctrine, by licensing its trademarks and providing product-design information, production-method rights, technical know-how, and managerial support to the manufacturer. CASE SUMMARY FACTS In October 1998, while traveling with his family to visit his grandparents in China, four-year-old plaintiff Kevin Lou caught his hand between the skirt panel and treads of a department stor...See the full content of this document
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