Secondary trademark infringement secondary trademark infringement also known as indirect or contributory infringement is the liability a party assumes when it doesnt actually take part in trademark infringing activities but contributes to infringement by other parties entities that are accused of secondary infringement may be held liable for their actions. Secondary trademark infringement by jane coleman and griff price is the first and only comprehensive work on the law of secondary liability for trademark infringement an area that is quickly becoming an important topic of interest among both practicing attorneys and scholars the treatise is ground breaking in its analytical power. If you have chosen not to pursue a potential claim or defend against a claim for secondary trademark infringement against an e commerce platform online third party marketplace or other online third party intermediary for reasons related to the current interpretation of the doctrine of secondary infringement please explain how your decision making was affected by the state of the law and how a different interpretation might have led to a different decision. Secondary liability for trademark infringement the lanham act does not expressly cover the idea that a party who does not directly infringe anothers trademark may nevertheless be indirectly liable for such infringement also referred to as secondary liability for trademark infringement rather secondary liability in the trademark context is a