News

Stay informed with the latest legal insights and updates from WHWW. Our News and Articles section is your resource for timely information on legal developments, case studies, and thought leadership.

Counterfeit Confessions: Landlord’s Liability Extended to a Tenant’s Trademark Infringement

On August 7, 2019, the U.S. Court of Appeals for the 11th Circuit affirmed a ruling in favor of a luxury eye wear manufacturer against a mall owner for trademark infringement violations in the case of Luxottica Group, S.P.A. vs Airport Mini Mall, LLC, Case No. 18-10157, 2019 WL 3676340 (11th Cir. Aug. 7, 2019).

The dispute involved a subtenant at a discount mall selling knockoffs of Ray-Ban and Oakley brands. The 11th Circuit held that the willful blindness of the mall landlord to it’s subtenant’s specific acts of infringement rose to a level of constructive knowledge sufficient to hold the landlord liable for contributory trademark infringement under the Lanham Act, a federal statute governing trademark service marks and unfair competition.

As a result of the ruling, landlords, property owners, and mall operators must not turn a blind eye to the activities of their tenants or subtenants, but must regularly monitor same and swiftly take the appropriate legal action if counterfeiting or infringement is at all suspected.

Share on...

What's New?

Celebrating the Life of Harold A. Ward, III

It is with great sadness that Winderweedle, Haines Ward & Woodman, PA announces that our friend, colleague, and long-time partner Harold A. Ward, III passed away on March 30, 2026, at the age of 92. One of the most widely known and best-respected figures in the City of Winter Park, his home town, Mr. Ward ...

Welcome Attorney Christopher K. Batts

Attorney Christopher K. Batts has joined the firm, practicing in the areas of mergers and acquisitions, corporate law, and bankruptcy. Chris brings valuable experience helping business owners navigate the sales of their businesses and advising them on a wide range of corporate matters, including exit strategies, incentive planning, corporate structuring, and risk allocation. He has ...

Welcome Attorney Mallory A. Davis

Attorney Mallory A. Davis has joined the firm’s commercial litigation and bankruptcy department. Mallory represents clients in a range of complex disputes, with experience in contested bankruptcy proceedings, contract disputes, and related commercial litigation. Her prior experience includes work representing theme parks and a Chapter 11 trustee in a multi-debtor Ponzi scheme bankruptcy. She regularly ...
Scroll to Top