Amazon

News & Analysis as of

Federal Court Finds Amazon Liable for Kids’ In-App Purchases

Yesterday, a federal judge ruled that Amazon is liable for permitting unauthorized in-app purchases incurred by children. Amazon is the last in a series of actions brought by the FTC against third-party platforms related to...more

Weekly Web Wrap-Up

Friend a Bot on Facebook? Messenger Launches Business Chatbots - At Facebook’s annual developers conference F8 this week, Facebook confirmed that Messenger will allow brands and companies to build bots that interact...more

Three Point Shot - March 2016

California Court to PGA Tour Caddies: You'll Get Nothing and Like It! As the full swing of the PGA season rounds the corner, and with the azaleas blooming at Augusta, the trusted confidants of golf's premier players...more

Copyright and Trademark Case Review: FLANAX, Fishing Tackle, Football Players and More

Summaries of Recent Precedential and Informative Appellate Opinions - Trademark Opinions - Owners of Foreign Marks May Sue Under Lanham Act Without Using Marks in the US: Belmora LLC v. Bayer Consumer Care AG,...more

Patent Venue Legislation Could Have A Dramatic Impact on Popular Patent Venues

This March, three United States Senators introduced the “Venue Equity and Non-Uniformity Elimination Act of 2016.” The bill would dramatically narrow the venue statute that applies to patent cases and, it appears, prevent...more

Self-Publishing Platforms Deemed Distributors, Not Publishers in Privacy Suit over Unauthorized Book Cover

We live in a world that has rapidly redefined and blurred the roles of the “creator” of content, as compared to the roles of the “publisher” and “distributor” of such content. A recent case touches on some of the important...more

Functional Claim Language Does Not Render Apparatus Claim Indefinite For Including Both Method And Apparatus

Patent applications involving electrical and/or computer related inventions often involve functional claim language. For example, software may be claimed in terms of its function. One or more components of an electrical...more

Potential Antitrust Implications of Most Favored Nation Clauses

Both in the automotive and other industries, parties have turned to most favored nation (MFN) clauses—or clauses having the same effect—as a means to assure the lowest possible input costs. MFN clauses offer pro-competitive,...more

Supreme Court Denies Review of Ninth Circuit Decision Finding no Trademark Infringement for Amazon Search Results

On February 29, 2016, the Supreme Court declined to review a Ninth Circuit decision holding that there was no likelihood of confusion, and therefore no trademark infringement, where Amazon.com responded to consumer searches...more

Undead as a Service: Tips to Help Ensure Your IT Agreements Can Withstand a Zombie Apocalypse

Do the undead read the small print? In our experience, zombies are typically more concerned with fresh brains than with forum selection, but Amazon Web Services (AWS) has helpfully updated its AWS Service Terms for anyone who...more

Sports Streaming Quickly Becoming the Way to Watch Your Team

Just about everyone knows Netflix, Amazon Video and Hulu, the Big Three of “over the top” (OTT) streaming services that offer a wide variety of entertainment programming. But what many people don’t know — yet — is that...more

Why is the Government Interested in my Drone?

Everyone has heard of drones. Amazon is going to use them to deliver packages soon, right? What is a drone and what do individuals and businesses need to know about drone usage? Drones are defined simply an unmanned,...more

2015 IP Law Year In Review

Commil USA, LLC v. Cisco Systems, Inc., 135 S. Ct. 1920 (May 26, 2015) - ..Does a defendant’s belief that a patent is invalid serve as a defense to charges of inducing infringement? NO - ..Inducement requires...more

Summary Judgment Of Noninfringement Is Recommended

Thynge, C.M. J. Report and Recommendation recommending that defendant’s motion for summary judgment of non-infringement be granted and that its motion for leave to submit a sur-reply be denied as moot....more

"Global Antitrust Enforcement in the Digital Age: Recent Developments in E-Commerce"

Competition authorities worldwide ramped up scrutiny of e-commerce business practices in 2015. The European Commission (Commission) launched an expansive sector inquiry in May 2015 aimed at identifying anticompetitive...more

Frying Small Potatoes: Will Amazon’s Pursuit of Individual Fake-Review Writers Pay Off?

Amazon’s customer reviews have long been a go-to resource for consumers researching prospective purchases. Unfortunately, fake customer reviews—product critiques commissioned by merchants and manufacturers in an effort to...more

The Future of Hoverboards: Federal Safety Standards or Voluntary Safety Standards?

Over recent weeks, national media outlets have reported extensively on multiple claims from consumers that hoverboards—self-balancing scooters growing immensely in popularity, particularly over the holiday period—have caught...more

2015 End-Of-Year Wrap-Up

On November 19, 2015, Benesch’s 3D printing group quarterbacked a well-attended presentation sponsored by the Association for Corporate Growth-Cleveland. In addition to Mark Avsec from Benesch (and Ira Kaplan’s...more

Retail and Consumer Products Law Roundup - December 2015

In this month's highlights, a federal court rules that insurance coverage was triggered for the defense of garment hang tag "advertisements" in a trademark/copyright and unfair competition lawsuit…the California Supreme Court...more

Ninth Circuit Does an About-Face in Military Watch Trademark Dispute - Multi Time Machine, Inc. v. Amazon.com, Inc.

The U.S. Court of Appeals for the Ninth Circuit previously found that a jury could potentially find that online retailer Amazon.com created a likelihood of consumer confusion with the format of its product search returns when...more

How to Get Drones Off Of The Ground: Be An Active Player

Business leaders are turning to drones to solve complex operational challenges. On CBS news program “60 Minutes,” Amazon CEO Jeff Bezos very publicly declared his intentions to use unmanned aerial systems (UASs) to make...more

Employment Law Navigator – Week in Review: November 10, 2015

Last week, a jury awarded sports journalist, T.J. Simers a $7.1 million verdict in his age and disability discrimination suit against the Los Angeles Times. Mr. Simers alleged that he was subjected to discrimination...more

Advertising Law - November 2015

Fantasy Sports Has a New Teammate: Nevada Gaming Commission - Nevada's Gaming Control Board announced that fantasy sports will be regulated like other forms of gambling, and ordered operators to halt operation in the...more

9th Circuit Cannot Make Up Its Mind

In a drama that certainly has not seen its curtain drop, the 9th Circuit has changed its mind twice on the same issue in the same case during a 19 month span. This story began in 2011 when Multi Time Machine, Inc. (“MTM”), a...more

Employment Law Navigator – Week in Review: November 3, 2015

On Sunday, Forbes published two articles on workplace trends and the future of work. In both, the contributors predicted that new technologies in the workplace, like wearables, will have significant impact. It was also...more

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