include the liability of the owner.
In 2002, Hawk Corporation begins making and selling electric motorcycles under the
mark “Hawk.” Ten years later, Hawk.com, Inc., a different company selling medical
equipment and supplies, begins to use “hawk” as part of its URL and registers it as a
domain name. Can Hawk Corporation stop Hawk.com’s use of “hawk”? If so, what
must the motorcycle-maker show?
A warranty against infringement is a promise by the seller that the product is free from
any patent, trademark, or copyright claims of a third person.