A Sudanese bishop’s trademark infringement lawsuit against the directors of a charity he founded cannot proceed because the plaintiff offered no proof that it was individual directors and not the charity’s corporate body that allegedly used his image without authorization, the Delaware Court of Chancery has ruled.
“If the defendants are to be held liable here, it must be for acts of their own, and not merely for acts or omissions of the corporation,” said Vice Chancellor Sam Glasscock III in Gassis v. Corkery. “Under agency principles, a corporation is liable for the acts of its officers and directors, but acts taken by the corporate principal are not automatically imputed to its agents.”
