South Carolina
How Feld v. Henry S. Levy & Sons, Inc. applies in South Carolina: state-specific rules, key cases, and bar exam notes for Other.
South Carolina recognizes the principle of liability for secondary actors in cases of trademark infringement, consistent with the federal standard but tailored to state law nuances. The state also emphasizes a thorough examination of the intent and conduct of the parties involved in trademark disputes.
In South Carolina, secondary liability for trademark infringement requires proof that the defendant had the ability to control the infringing activity and a direct financial benefit from that activity.
The court held that a party’s control over the marketing methods of a licensed product could establish liability for trademark infringement.
The court found that willful blindness to trademark infringement was sufficient to hold a party liable under South Carolina law.
This case underlined that intent and knowledge are significant factors when determining trademark liability.
South Carolina's approach to secondary liability aligns with the federal standard established in cases such as Inwood Laboratories, Inc. v. Ives Laboratories, Inc. However, South Carolina courts may place greater emphasis on intent and the specific business context, reflecting state-specific legal traditions and concerns.
Questions pertaining to intellectual property and secondary liability, particularly in trademarks, are relevant for the South Carolina bar exam, emphasizing the intersection of state and federal law.