Intellectual Property
Jul. 10, 2012
The (un)safe harbor of willful blindness
Courts sometimes cross-apply legal doctrines from other areas of jurisprudence; such is the case with willful blindness in copyright law. By Lorelei D. Ritchie of the U.S. Trademark Trial and Appeal Board
Courts will look a few places when determining a case. They look at precedent in the circuit. They look to sister circuits for persuasive analogy. And, when neither will quite suffice, they sometimes need to be innovative. Courts sometimes will, and necessarily must, cross-apply legal doctrines from other areas of jurisprudence when they find statutory and common-law guidance to be lacking. The doctrine of willful blindness has followed this...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In