News & Analysis as of

Counterfeiting Amazon

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

Neal, Gerber & Eisenberg LLP

Amazon APEX Complaints Convey Personal Jurisdiction in Amazon Seller’s Forum

Most reputable online marketplaces have long offered policing programs to address counterfeiting of registered copyrights and trademarks. The copyright or trademark owner needs only to provide the marketplace with a copy of...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

Dunlap Bennett & Ludwig PLLC

Amazon’s Brand Registry: What You Need To Know

In its 2023 Brand Protection Report, Amazon reveals its efforts to eliminate counterfeit products. Bolstered by more than $1.2 billion in investment and 15,000 personnel, from machine learning scientists to specialized...more

Smart & Biggar

Top ten considerations for creating an effective anti-counterfeiting program

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A key component of any effective brand protection strategy is an anti-counterfeiting program. How can a brand owner protect its reputation and rights against counterfeiters, infringers and pirates? The answer will depend not...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

Foley & Lardner LLP

Growing Infringement of OEM IP Rights on Online Marketplaces

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Sales of consumer products through online marketplaces have been commonplace for years and account for a significant portion of the total consumer products marketplace. Sellers of industrial products such as replacement...more

Vondran Legal

Red Points sued for Defamation over DMCA takedown notice

Vondran Legal on

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

Rivkin Radler LLP

Counterfeiting Headaches Aren’t Just for High Fashion Retailers and Designers Anymore.

Rivkin Radler LLP on

There was a time, not all that long ago, where counterfeiting of consumer goods was largely a problem afflicting high fashion designers, such as Prada, Gucci and Versace. Expensive high-end accessories such as Rolex watches,...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

BakerHostetler

Watch Out for Common Law Users in Online Enforcement

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Many consumer product brands seek to enroll in online enforcement programs, for example, Amazon Brand Registry and eBay VeRO. These consumer product brands often experience online infringement and counterfeiting issues, so...more

Gibney Anthony & Flaherty, LLP

Amazon Launches Anti-Counterfeiting Exchange to Combat Online Counterfeits in the Retail Industry

On April 20, 2023 Amazon launched the Anti-Counterfeiting Exchange (ACX) to combat the sale of counterfeit goods on its platform and make it safer for consumers to shop online. WHAT IS THE ANTI-COUNTERFEITING EXCHANGE...more

AEON Law

Patent Poetry: Amazon Launches Anti-Counterfeiting Info Exchange

AEON Law on

Amazon.com has announced an Anti-Counterfeiting Exchange to help eliminate counterfeits across the retail industry. The program is described as “an industry collaboration designed to make it safer to shop online and more...more

Proskauer - Minding Your Business

Amazon Acts Against DMCA Abuse

Competition between Amazon’s third-party merchants is notoriously fierce. The online retail giant often finds itself playing the role of referee, banning what it considers unfair business practices (such as offering free...more

AEON Law

Patent Poetry: Amazon Sues over False Copyright Infringement Claims

AEON Law on

Amazon’s Counterfeit Crimes Unit (CCU) has filed three lawsuits over false copyright infringement claims on the platform. As Amazon reported, “multiple bad actors” submitted thousands of false copyright infringement claims...more

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

MarkIt to Market® - December 2022: What We’re Watching in Europe…

Continuing with news involving the color red, on December 23, 2022, the Court of Justice of the European Union (CJEU) issued a preliminary ruling finding that Amazon may be subject to liability for trademark infringement...more

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

MarkIt to Market® - December 2022

Thank you for reading the December 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss Pantone's 2023 Color of the Year and a preliminary ruling in Europe regarding an online marketplace's...more

Smith Gambrell Russell

Supporting Liability for Online Marketplaces that Allow Third-Party Sellers to Offer Defective and or Counterfeit Products.

Smith Gambrell Russell on

With many consumers turning to more shopping online, what liability do online marketplaces face when a product is sold to a consumer by a third-party seller that is defective or counterfeit? Often, none. Online...more

Proskauer - Minding Your Business

Another Court Gets on (Hover) Board with Online Marketplace Liability for Defective Products

In two prior blog posts, we covered how online marketplaces, like Amazon, are being held responsible for defective and counterfeit products sold on their platforms. In the latest development in this space, California’s Court...more

WilmerHale

Weekly COVID-19 Oversight & Enforcement Report - February 2021 #3

WilmerHale on

On her first day as Chair of the Senate Committee on Commerce, Science and Transportation, Sen. Maria Cantwell (D-WA) said she would ask the FTC to look into N95 mask fraud, including 1.9 million counterfeits shipped to...more

Weintraub Tobin

Trademark Protection For Your Brand Merchandise In The Age Of Copycats, Counterfeits, And Fakes

Weintraub Tobin on

With live events cancelled during the pandemic, content creators are increasingly dependent on merchandise sales. Creators from podcasters to YouTubers to musicians are reliant on merch to bolster their revenue and their...more

Husch Blackwell LLP

Amazon’s New Seller Transparency Policy Signals Progress Against Infringement

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Amazon’s new seller transparency policy, announced July 8, 2020, requires by September 1, 2020, each seller’s page on Amazon.com to display the respective seller’s name and address. This brings some of Amazon’s U.S.-based...more

Haug Partners LLP

Amazon Announces It Will Publicly Display U.S. Third Party Sellers’ Names and Addresses to Combat Counterfeit e-Commerce Goods

Haug Partners LLP on

In 2020, Amazon, one of the world’s largest e-commerce platforms, has implemented and established strategies, features and resources that are noteworthy to address the rampant issue of counterfeiting and piracy throughout...more

Kelley Drye & Warren LLP

Update: White House Identifies Amazon Foreign Domains as “Notorious Markets” for Counterfeit Goods

As we have previously advised, the Trump Administration is targeting the sale of counterfeit goods on e-commerce platforms. Early this year, the Department of Homeland Security issued its report to the White House on...more

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

The Goods on IP - September 2019: Amazon Seeks to Strike Balance Between Patent Owners and Merchants

It is no longer much of a secret that Amazon rolled out a pilot program for what it hopes will provide quick and cost-effective resolution of patent disputes for products sold on its website. The program is called the Amazon...more

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