MICROTECH KNIVES, INC. v. OUTDOORS ONLINE, LLC AND JON JANECEK
Before: The Honorable Victoria Marie Calvert
Summary: The district court granted summary judgment to defendant, an online marketplace accused of contributory trademark infringement, because of the plaintiff’s failure to provide specific notice of infringement.
Defendant GunBroker.com is an online marketplace for firearms and knives with millions of third-party listings. It has an anti-counterfeiting and takedown policy that bans infringing goods and permits the removal of counterfeit listings. In 2023, Plaintiff Microtech Knives, Inc., sent a cease-and-desist letter to Gunbroker.com demanding the removal of advertisements by others for replicas of Microtech knives from Gunbroker.com’s online marketplace. Although the letter alleged unauthorized use of seventeen registered trademarks on knives advertised on the site, Microtech did not provide URLs, item numbers, merchant names, or seller IDs. When GunBroker’s outside counsel requested these details, none were provided. Nonetheless, GunBroker enforced its policy and removed 21 listings that it found and believed violated its policy.
When moving for summary judgment, GunBroker.com argued that it could not be held contributorily liable because Microtech failed to provide necessary details of infringing listings, such as URLs, item numbers, merchant names, or seller IDs, to establish knowledge. Without these specifics, GunBroker lacked the knowledge required for contributory liability, even though it quickly removed suspect listings despite insufficient notice. Additionally, the court noted that generalized evidence of widespread infringement is not enough to establish actual or constructive knowledge. Accordingly, the court granted summary judgment in GunBroker’s favor.
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