Supreme Court of the United States · Official docket →
Diamond J. Wholesale, LLC, dba Gabsons Novelties v. Top Tobacco, L.P., et al.
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 22-10926 · judgment August 22, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
The Lanham Act sets up a two-tiered penalty regime for cases involving counterfeit marks depending on whether the use of those marks was knowing. While 15 U.S.C. § 1117(a) does not require a showing of a knowing violation to subject a corporation or individual to liability, left unclear is when individual liability attaches when one is acting on behalf of a corporation. Does any amount of involvement in the misuse of a mark subject a corporate employee to individual liability, or does the individual need to be the moving force in violation? If the latter, what threshold of significance is necessary to subject an individual to liability?
Counsel of record
For petitioner
Kurt Gregory Kastorf
Kastorf Law LLC
For respondent
Maia T. Woodhouse
Adams and Reese LLP
Proceedings
- Jan 22 2024Petition DENIED.
- Jan 03 2024DISTRIBUTED for Conference of 1/19/2024.
- Dec 27 2023Waiver of right of respondent Top Tobacco, L.P., et al. to respond filed.
- Dec 20 2023Petition for a writ of certiorari filed. (Response due January 22, 2024)
- Nov 15 2023Application (23A432) granted by Justice Thomas extending the time to file until December 20, 2023.
- Nov 10 2023Application (23A432) to extend the time to file a petition for a writ of certiorari from November 20, 2023 to January 19, 2024, submitted to Justice Thomas.