High Court Turns Down Counterfeiting Personal Liability Case

The US Supreme Court declined to weigh in on what’s required for a corporate employee to be personally liable for counterfeiting in a case involving Top Tobacco LP cigarette rolling papers.

Diamond J. Wholesale LLC, known as Gabsons Novelties, argued a lower court improperly found it didn’t matter whether principle Raj Soloman knew of the infringement in order to grant summary judgment finding him personally liable. While courts have agreed intent isn’t a factor in determining corporate liability, circuits apply varied, vague and contradictory tests to assess individual liability within a company, Gabsons’ and Soloman’s petition said.

With the Monday ...