Legal Opinion
Mini Maid Services Company v. Maid Brigade Systems, Inc. And Donald Maxwell Hay
Court of Appeals for the Eleventh Circuit
Decided August 7, 1992No. 91-8475PublishedCited by 48 opinions
1Opinion of the Court
BIRCH, Circuit Judge:
In this case we decide whether a franchisor can be held liable for a single act of trademark infringement allegedly committed by one of its many franchisees. The United States District Court for the Northern District of Georgia directed a verdict against the defendant franchisor because it failed to exercise “reasonable diligence” to prevent its franchisee from violating the trademark laws. We find the district court’s “reasonable diligence” test for vicarious trademark liability to be an incorrect legal standard and accordingly VACATE the judgment of the district court.
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2Cases cited13 opinions
- Inwood Laboratories, Inc. v. Ives Laboratories, Inc.Supreme Court of the United States · 1982
- Dawn Donut Company, Inc. v. Hart's Food Stores, Inc. And Starhart Bakeries, Inc.Court of Appeals for the Second Circuit · 1959
- Kentucky Fried Chicken Corporation v. Diversified Packaging CorporationCourt of Appeals for the Fifth Circuit · 1977
- William R. Warner & Co. v. Eli Lilly & Co.Supreme Court of the United States · 1924
- Sealy, Incorporated, a Corporation v. Easy Living, Inc., a Corporation, and Danco, Inc., and Jack Ward Mattress, Inc., D/B/A Pacifica Mattress CompanyCourt of Appeals for the Ninth Circuit · 1984
8 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Cardinal Chemical Co. v. Morton International, Inc.Supreme Court of the United States · 1993
- American Telephone And Telegraph Company v. Winback And Conserve Program, Inc.Court of Appeals for the Third Circuit · 1994
- Temporomandibular Joint (TMJ) Implant Recipients v. Dow Chemical Co.Court of Appeals for the Eighth Circuit · 1997
- Duty Free Americas, Inc. v. The Estee Lauder Companies, Inc.Court of Appeals for the Eleventh Circuit · 2015
- Dow Chemical Co. v. MahlumNevada Supreme Court · 1998
43 more not listed; retrieve them via the Exa API.