Contributory Infringement

Definition

Contributory infringement refers to the liability of a party who, while not directly infringing a patent, trademark, or copyright, has knowingly provided the means or materials to enable another party to directly infringe. This concept is central to understanding the scope of liability in intellectual property law.

5 Must Know Facts For Your Next Test

1. Contributory infringement requires the defendant to have knowledge of the infringement and to materially contribute to the infringing activity.
2. In the context of patent law, contributory infringement applies when a party sells or offers to sell a component of a patented invention, knowing that the component is specially adapted for use in the patented invention and is not a staple article of commerce suitable for substantial non-infringing use.
3. For trademark infringement, contributory liability may arise when a party continues to provide a means to infringe a trademark after having knowledge of the infringement.
4. In copyright law, contributory infringement can occur when a party with knowledge of the infringing activity induces, causes, or materially contributes to the infringing conduct of another.
5. The Supreme Court has recognized contributory infringement as a means of holding parties accountable for enabling or facilitating the infringing acts of others, even if they are not the direct infringers.

Review Questions

• Explain how contributory infringement differs from direct infringement in the context of patent law.
  • Contributory infringement in patent law refers to a party who, while not directly infringing a patent, has knowingly provided the means or materials to enable another party to directly infringe. This is distinct from direct infringement, which occurs when a party makes, uses, sells, offers to sell, or imports a patented invention without authorization. Contributory infringement is a way to hold parties accountable for enabling or facilitating the infringing acts of others, even if they are not the direct infringers.
• Describe the key elements required to establish contributory trademark infringement.
  • To establish contributory trademark infringement, the plaintiff must show that the defendant: (1) had knowledge of the infringing activity, and (2) materially contributed to the infringing activity. This means the defendant must have continued to provide the means to infringe a trademark after having knowledge of the infringement. The key distinction from direct trademark infringement is that the defendant did not directly use the trademark in a way that created a likelihood of consumer confusion, but rather enabled or facilitated the infringing conduct of another party.
• Analyze how the concept of contributory infringement has been applied in the context of copyright law to address online piracy and the liability of internet service providers.
  • In copyright law, contributory infringement can occur when a party with knowledge of the infringing activity induces, causes, or materially contributes to the infringing conduct of another. This concept has been particularly relevant in addressing online piracy and the liability of internet service providers (ISPs) that host or provide the means for users to engage in copyright infringement. Courts have grappled with the extent to which ISPs can be held contributorily liable for the infringing activities of their users, balancing the need to hold enablers of infringement accountable while also preserving the safe harbors and limitations on ISP liability provided by laws like the Digital Millennium Copyright Act. The application of contributory infringement in this context reflects the courts' efforts to adapt intellectual property principles to the challenges posed by the digital age.

Related terms

Direct Infringement: Direct infringement occurs when a party makes, uses, sells, offers to sell, or imports a patented invention, uses a trademark in a way that creates a likelihood of consumer confusion, or reproduces, distributes, performs, displays, or creates derivative works of a copyrighted work without authorization.

Vicarious Infringement: Vicarious infringement holds a party liable for the infringing acts of another if the party has the right and ability to control the infringing activity and receives a direct financial benefit from the infringement.

Inducement of Infringement: Inducement of infringement occurs when a party actively encourages or induces another party to directly infringe, with the intent to cause the infringement.