Roger Cleveland Golf Company Inc v. Prince et al

Filing 72

REPLY by Roger Cleveland Golf Company Incto 69 Response to Order to Show Cause. (Attachments: # 1 Exhibit A - E-mail, # 2 Affidavit of Fees & Costs)(McElwaine, John)

Roger Cleveland Golf Company Inc v. Prince et al

Doc. 72 Att. 1

John McElwaine
From: Sent: To: Subject: Paul, We feel that Bright Builder's is liable for trademark infringement under a theory of contributory liability. In the Fourth Circuit, contributory liability for trademark infringement exists if a defendant (1) intentionally induces another to infringe on a trademark, or (2) continues to supply a product with actual or constructive knowledge that the recipient is using the product to engage in trademark infringement. Size, Inc. v. Network Solutions, Inc., 255 F.Supp.2d 568, 572 (E.D.Va. 2003) (citing Inwood Labs., Inc. v. Ives Labs., Inc., 456 U.S. 844, 854 (1982)). In this case, we believe that the evidence will show that Bright Builder's knew that Mr. Price would be selling counterfeit golf clubs. One need only look to the name of the website that Bright Builder's agreed to host: CopyCatGolfClubs.com. Additionally, we believe that Bright Builder's acted as Mr. Prince's agent in marketing the CopyCatGolfClubs.com website. Vicarious liability for trademark infringement arises upon a finding of a principal-agent relationship. American Tel. & Tel. Co. v. Winback & Conserve Program, 42 F.3d 1421, 1430-31 (3rd Cir. 1994). We look forward to your client's response. Best regards, - John John McElwaine Tuesday, July 06, 2010 2:20 PM Paul Doolittle RE: Interrogatories, Documents

From: Paul Doolittle [mailto:[e-mail]] Sent: Saturday, July 03, 2010 7:20 AM To: John McElwaine Subject: Re: Interrogatories, Documents

They really feel like they did nothing wrong. Do you have anything outlining their liability You could share with me so I can enlighten them? Paul Doolittle Jekel-Doolittle LLC Attorneys at Law 210 Wingo Way; Suite 201 P.O. Box 2579 Mount Pleasant, SC 29464 [e-mail] www.J-DLaw.com 843-654-7700 (office) 843-654-7702 (direct dial) 843-834-4712 (cell) 888-567-1129 (fax) On Jul 2, 2010, at 1:12 PM, "John McElwaine" <[e-mail]> wrote:
Pau, That is not a problem. Can we get a response to the demand? Have a great weekend.
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