Corporate Officers Could Be Liable for Trademark Infringement

by Erica Intzekostas on October 23, 2009

Corporate shareholders and officers are generally shielded from the corporation’s liability, including when the corporation is being sued for trademark infringement. However, a recent ruling by a court in Illinois held open the door for officer and owner liability. In the More Cupcakes, LLC v. Lovemore LLC, No. 09 C 3555, Slip. Op. (N.D. Ill. Sep. 29, 2009) case, where the plaintiffs were suing both the corporation and its owners, the judge (without ruling on the merits) held that the plaintiff’s claims against the corporation’s individual owners/officers could survive. The case has been transferred to the Eastern District of New York.

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