the Eleventh Circuit affirmed, finding sufficient evidence to support the verdict. Luxottica Group, S.p.A. v. Airport Mini Mall, LLC, 932 F.3d 1303 (11th Cir. 2019). Noting the issue of a landlord’s contributory trademark infringement liability was a question of first impression in the Eleventh Circuit, the court found that application of the concept to the landlord-tenant relationship was consistent with general principles of tort liability. As to the specific contributory trademark infringement issue, the Court noted plaintiff had to first establish there was direct infringement of its trademark by some other entity, and second, the defendant intentionally induced that infringement or supplied goods or services to the infringer with either actual or constructive knowledge of the resulting infringement. Additionally, a party’s willful blindness to some fact or circumstance can constitute constructive knowledge of that same thing. Reviewing the facts, the court held there was sufficient evidence to establish contributory infringement by defendants. To the first prong, there was no question Luxottica and Oakley’s trademarks were counterfeited. On the second prong, the court noted the defendants supplied services to the parties that sold the counterfeit items. The history of raids on the premises, subpoena and search warrants provided to defendants, letters from plaintiffs complaining about specific vendors, meetings with authorities and defendants physical presence at the property showed that defendants had at least constructive knowledge of the counterfeiting and their repeated failures to take any action when provided with knowledge constituted willful blindness to such activities. Luxottica makes it clear that a property owner may face contributory trademark infringement liability for acts of tenants in the Eleventh Circuit. However, simply owning property without taking any role in leasing or managing the property is not enough to trigger liability, Coach, Inc. v. Swap Shop, Inc., 916 F. Supp. 2d 1271 (S.D. Fla. 2012). Rather, the landlord must have some knowledge of or at least willful blindness to infringement by its tenant. After Luxottica, to avoid this fate, landlords who actively manage properties should be aware of their tenant(s) activities and be prepared to take action immediately if they suspect or have knowledge of any trademark infringement or counterfeiting by such tenant. ⚖ Mark Nieds is an attorney with Henderson, Franklin, Starnes & Holt, P.A. Mark concentrates his practice on intellectual property and Internet matters with specific emphasis on trademarks, copyright, trade secret protection, franchising, privacy, and data protection. Mark also works with clients to develop comprehensive intellectual property and trade secret protection strategies. He represents clients in licensing transactions as well as franchising by assisting both franchisors and franchisees. Contact Mark at mark.nieds@henlaw.com. Searching for Something? Leslea Ellis,LLC Can Help s > t , K t K h K E K t , s ^ < h d 2 , = 3 , 0 5 1 5 $ 7 5 : 2 0 , 6 ' * * % - W D < K / , d / > t W ' z h t / K y z t Y Z > & d z h / E Z K / t > D W / & s ĚŵŝƐƐŝŽŶ ƌĞĂĐŚ ƌŝďĞƌǇ ŽŶǀŝĐƚŝŽŶ ĞŶŝĂů ǆ WĂƌƚĞ &ŝƌƐƚ ĞŐƌĞĞ 'ƵĂƌĚŝĂŶ & z Z K D , s Z , d E K E z / : h / / Z / / h t ' / / / Y / s y E y s E < s ^ < Y / ^ t E W ' s z : < / ' / E & ^ ' K K Z / > / E ' y t z K / ' y / Y , W Z z D , z s E : < E K : D z Z ^ / W W Y y , d y K ,ŽůĚŝŶŐ /ŶĚŝĐŝĂ :ƵĚŝĐŝĂƌǇ <ŝĚŶĂƉ >ŝƚŝŐĂŶƚƐ DĂŶĚĂŵƵƐ EŽƚĂ ĞŶĞ KǀĞƌƌĞĂĐŚŝŶŐ Z E : E < ^ > < d : z ^ & & & / Z ^ d ' Z ' d / : W d D t y : Z , d E D > d d ^ ^ & h > K W Z s ^ h Y ' h Z / E s Z Y Y E < ^ ^ < ^ / ^ > E Z h d d Z W y y s t > z W W WƌŽƐĞĐƵƚŽƌ YƵŝĚ WƌŽ YƵŽ ZĞƉůĞǀǇ ^ĞƚƚůĞŵĞŶƚ ^ůĂŶĚĞƌ dĞƐƚĂĐǇ sĂĐĂƚĞ tĂƌƌĂŶƚ Words are placed horizontally, vertically and diagonally, both forwards and back-to-front. If you would like a solution sheet, please email reception@lesleaellis.com Leslea Ellis, LLC Certified Public Accountant  LesleaEllis.com www. Certified Fraud Examiner (239) 690-6500 November 2019 ⚖ RES GESTAE 15