News & Analysis as of

Amazon E-Commerce

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Design Patent Enforcement in Online Marketplaces

Global E-commerce platforms continue to grow, with many online marketplaces replacing traditional brick-and-mortar stores. While online marketplaces help legitimate products reach consumers more widely than brick-and-mortar...more

Dechert LLP

CJEU Upholds Country-of-Origin Principle for Online Intermediaries

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The Court of Justice of the European Union (“CJEU”) recently addressed requests for preliminary rulings on the interpretation of various EU regulations and directives concerning online intermediation services1 (“Online...more

Holland & Knight LLP

CPSC Finds Amazon Responsible for Hazardous Products Sold by Third-Party Sellers

Holland & Knight LLP on

In a closely watched case, the U.S. Consumer Product Safety Commission (CPSC) on July 29, 2024, found that Amazon's popular "Fulfilled by Amazon" program – in which products are listed by Amazon but sold by third-party...more

Ankura

Parcel Delivery Spotlight

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Historically, brick-and-mortar retailers, e-commerce businesses, and other small parcel shippers have had limited leverage in negotiating small parcel rates in a supply market that behaved as a duopoly. Current industry...more

Kohrman Jackson & Krantz LLP

Federal Government Seeks to Hold Amazon Accountable for Dangerous Products

As Amazon maintains its chokehold on ecommerce sales, the United States Product Safety Commission (CPSC) is attempting to reclassify Amazon as a distributor of goods. If successful, this would expose Amazon to liability for...more

White & Case LLP

Cutting Through Complexity: a Key Ruling for Online Platforms in Europe

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A series of recent rulings from the Court of Justice of the European Union ("CJEU") has reaffirmed the country of origin principle set forth in the e-Commerce Directive ("ECD")—which provides that, except in limited...more

Paul Hastings LLP

The Federal Circuit Addresses Where Participants of Amazon’s APEX Program Can Be Haled Into Court

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The Federal Circuit’s decision in SnapRays, d/b/a SnapPower v. Lighting Defense Group (May 2, 2024) addresses personal jurisdiction in federal district court actions that arise out of Amazon’s Patent Evaluation Express (APEX)...more

Braumiller Law Group, PLLC

Hot Topics in International Trade - April 2024 - De Minimis An Ever-Growing Problem of De Maximus Proportion

From Wikipedia: De minimis is a Latin expression meaning “pertaining to minimal things”, normally in the terms de minimis non curat praetor. (“The praetor does not concern himself with trifles”) or de minimis non curat lex...more

Kohrman Jackson & Krantz LLP

OtterBox Combats Unauthorized Sellers and Counterfeits on Amazon

The rise of e-commerce has revolutionized the way we shop, making it easier than ever to access a wide range of products from the comfort of our homes. While this convenience has brought countless benefits, it has also given...more

Kohrman Jackson & Krantz LLP

How To Protect Your Brand From Competitors This Holiday Season

The holiday season is a pivotal time in the retail sector in both in-store and online forms, presenting retailers with key opportunities to boost revenue. As consumers shop year-end sales, competitors continuously find...more

Vondran Legal

Red Points sued for Defamation over DMCA takedown notice

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In an interesting case from New York Federal court, a judge denied a motion to dismiss by Defendant Red Points (an anti-piracy protection company) for submitting a take down alleging the sale of counterfeit products by the...more

Vinson & Elkins LLP

FTC “Prime” Time: Federal Trade Commission and Seventeen State Attorneys General File Antitrust Suit against Amazon for its...

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On September 26, 2023, the Federal Trade Commission (“FTC”) and a coalition of seventeen State Attorneys General filed a long-expected suit accusing Amazon of violating federal and state antitrust law. The 172-page complaint...more

McCarter & English, LLP

INFORM Consumers Act: Let the Sun Shine on the Online Marketplace

Are you facing the frustration (and cost) of playing whack-a-mole with counterfeit and infringing products on Amazon and other online marketplaces? If so, the newly enacted INFORM Consumers Act could be a major new tool in...more

Kohrman Jackson & Krantz LLP

AI Tells the Dangers of Having it Write Amazon Reviews

Amazon has been at war with unscrupulous actors and a new contender just entered the battlefield. An examination of various sites reveals the presence of AI-generated reviews. These reviews consistently incorporate the...more

Hinch Newman LLP

FTC Defense Attorney on Ecommerce Investment Management Provider Legal Regulatory Considerations

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It is no secret amongst digital advertisers and FTC practice defense counsel that the Federal Trade Commission and state attorneys general continue to aggressively investigate and prosecute those that advertise, market,...more

Kohrman Jackson & Krantz LLP

Spring-Time Brand Preparations

As Spring comes into bloom, brands should begin planning and preparing for the not-so-far-off holiday season. Right now, a brand has approximately six months to strengthen its presence in ecommerce marketplaces until the...more

Kohrman Jackson & Krantz LLP

“Store Brands” in the Internet Age: What Amazon’s Private Label Brand Means for Third-Party Sellers

Since the launch of its AmazonBasics brand in 2009, Amazon has been growing its private label business from common staple goods like discount batteries to a full-fledged suite of more than 100 private label brands. As its...more

Proskauer on Privacy

Amazon’s Recent Acquisitions Highlight the Value of Consumer Data (and the Evolving Privacy Issues)

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Roughly two weeks apart, on July 21, 2022 and August 5, 2022, respectively, Amazon made headlines for agreeing to acquire One Medical, “a human-centered and technology-powered primary care organization,” for approximately...more

Rivkin Radler LLP

Amazon to Acquire One Medical for $3.9 Billion

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On July 21, Amazon confirmed that it intends to acquire One Medical for approximately $3.9 billion in an all-cash transaction. One Medical is a membership-based, technology-driven, primary care and telehealth organization...more

Venable LLP

Gig Platforms, Wake Up. All Eyes Are Upon You.

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Constant connectivity through smartphones has ushered in a new way for small businesses to connect with potential customers and gig workers looking for flexible employment. The emergence of companies like Uber, GrubHub,...more

Womble Bond Dickinson

Sneaking into the Data Business

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If you are not paying for a service on the Internet, you are the product being sold to paying customers. But if you are paying for the service, can you be the product too? Of course....more

Robins Kaplan LLP

House Committee Seeks Criminal Probe of Amazon Over Antitrust Obstruction

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A House Judiciary Committee is calling on the DOJ to “investigate Amazon and some of its executives for criminal obstruction of a congressional investigation that included the e-commerce giant.” At issue is the ‘Zon’s alleged...more

Robins Kaplan LLP

DOJ Probes Short Sellers Over Possible Market Manipulation Efforts

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DOJ officials are investigating whether some activist investors—including “prominent short sellers . . . Carson Block and Andrew Left”—crossed lines in their efforts to expose “companies with shoddy or even fraudulent...more

Robins Kaplan LLP

Financial Daily Dose 12.8.2021 - Embattled OCC Nominee Omarova Withdraws From Consideration

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Saule Omarova, the White House’s pick to helm the OCC, has withdrawing from consideration for the post, saying it was “no longer tenable” for her to seek the position following withering attacks from the banking industry and...more

Harris Beach PLLC

Amazon Wins E-Bike Appeal: A Big Victory for E-Commerce

Harris Beach PLLC on

New York’s Appellate Division, First Department recently affirmed a Manhattan trial court’s dismissal of a lawsuit against e-commerce giant Amazon, where the plaintiff alleged personal injuries from an electronic bicycle his...more

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