News & Analysis as of

E-Commerce Copyright Infringement

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

Robins Kaplan LLP

A Dive Into Intellectual Property Liability for E-Commerce Platforms

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Online shopping has become increasingly popular in recent years. E-commerce sales surpassed $6.5 trillion in 2023 and are expected to total over $8.1 trillion by 2026. Convenience of product variety and online competition...more

ArentFox Schiff

Legal Considerations for GCs and CFOs in the Fashion and Retail Industry in 2024

ArentFox Schiff on

The fashion and retail industry experienced another year of considerable change in 2023. As advancements in artificial intelligence (AI) spurred innovation within the industry, consumers and regulators worldwide called for...more

BakerHostetler

AD-ttorneys@law - July 2023

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It’s hard to keep up with the ferment of controversy bubbling around OpenAI and its compatriots in the generative AI business. Lawsuits, lawsuits, lawsuits. Regulatory probes. Outright bans by sovereign nations. But when, by...more

Clark Hill PLC

IP Theft, Data Security Breaches and RICO Claims, Oh My! Is E-Commerce Titan Shein the Fashion Industry’s TikTok?

Clark Hill PLC on

Although you may have never heard of Shein, your children definitely have. Shein is one of the largest fashion companies in the world. After popping onto the e-commerce scene in 2008, it has sky-rocketed into a $100 billion...more

Dickinson Wright

A Seller’s Guide to Navigating Intellectual Property Law on Amazon

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A basic understanding of Intellectual Property (IP) law is essential to managing an Amazon storefront, as IP issues can be a minefield for the uninformed. Amazon sellers must understand the major forms of intellectual...more

Kohrman Jackson & Krantz LLP

The DMCA Subpoena Remains Invaluable

When tackling the problem of unauthorized resellers on Amazon.com and other e-commerce websites, one of the biggest hurdles faced by brands is unearthing a reseller’s identity. Resellers are able to hide behind DBA’s, various...more

K&L Gates LLP

ITC Proceedings: An Alternative to Knock Out Knockoffs

K&L Gates LLP on

With the rise and dominance of e-commerce and internet marketplaces as a sales channel, many U.S. manufacturers face growing competition from the importation of infringing, cheaper products online. Internet marketplaces have...more

Proskauer Rose LLP

Three Point Shot - Dec 2021

Proskauer Rose LLP on

Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. We hope you...more

Foster Garvey PC

Sports & Entertainment Spotlight - May 2021

Foster Garvey PC on

Hope is in the air (not to mention copious amounts of tree pollen) here in New York – and that’s to say nothing of the Knicks’ hardwood resurgence, the Giants’ highly-acclaimed moves in last week’s NFL Draft and the Yankees’...more

Morrison & Foerster LLP - Social Media

Social Links: Avoid Becoming A Social-Media-Scam Victim; Does Stream-Ripping Site Violate Copyright Law?

Reports of social media scams that have caused users to lose money had tripled by the end of 2020’s second quarter, resulting in the loss of $117 million during the first two quarters of this year alone. Romance scams and...more

Haug Partners LLP

Intermediary Liability and Indirect Infringement for Marketplaces in Europe and the United States

Haug Partners LLP on

Counterfeiters often act through intermediaries, including online marketplaces, social media companies, and internet service providers (“ISPs”), that may not be aware that their services are being used for infringing...more

Fenwick & West LLP

The EU Copyright Directive: Potential Copyright Liability and a “Best Efforts” Standard for Platforms

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In 2019, the Council of the European Union’s Committee of Permanent Representatives approved a Directive on Copyright in the Digital Single Market to respond to developments in the modes and markets for creation, production...more

Dorsey & Whitney LLP

Déjà vu as EU court revisits online platform liability for infringing content uploaded by users

Dorsey & Whitney LLP on

The European Union’s highest court will have another opportunity to consider the issue of the liability of online platforms for copyright infringing content uploaded and shared by users. Two referrals from national courts...more

Bennett Jones LLP

Obituary Piracy Assessed

Bennett Jones LLP on

Thomson v. Afterlife Network Inc., 2019 FC 545, is a Federal Court decision in which the Court considers the existence of copyright in obituaries used in an e-commerce context....more

Foley Hoag LLP - Making Your Mark

EU Parliament Approves New Copyright Rules for the Internet

We had been following on this blog the heated debates around the proposed EU Copyright Directive. These debates now belong to history since on March 27, 2019, the European parliament adopted the Directive with 348 votes...more

Hogan Lovells

Three Cyberspace Courts now online and open for business

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On 9 August and 28 September 2018, the new Cyberspace Courts in Beijing and Guangzhou were officially opened. These new specialised courts, along with their equivalent one that was formed in Hangzhou in August 2017, are meant...more

Hogan Lovells

German Federal Court of Justice submits copyright dispute over YouTube to CJEU

Hogan Lovells on

This week, copyright is all over the place. After the European Parliament voted on proposed copyright reform in Europe last Wednesday (12 September 2018), the long-awaited decision of the German Federal Court of Justice (BGH)...more

Hogan Lovells

First Cyberspace Court set up in China: the Chinese judiciary enters the digital age

Hogan Lovells on

China’s first Cyberspace Court was inaugurated on Friday 18 August in Hangzhou, Zhejiang Province. Going forward, this new court will handle all internet-related disputes in all districts of Hangzhou through a fully...more

Hogan Lovells

China launches its annual piracy crackdown campaign: focus on online piracy of films and TV programs

Hogan Lovells on

China’s State Intellectual Property Office has recently announced, in a joint declaration with three other ministerial bodies, the launch of its annual online piracy crackdown campaign called the “Red Shield Net Sword...more

K&L Gates LLP

Brussels Regulatory Brief: July

K&L Gates LLP on

On 10 May 2017, the European Commission (“Commission”) published its final report (“Report”) concluding a wide-ranging two-year long inquiry into e-commerce (“Inquiry”). During the Inquiry – which was conceived as part of the...more

Proskauer - New Media & Technology

Know Thy Software Vendor: Website Operator Cannot Sidestep Copyright Infringement Claims over Link to Allegedly Infringing...

Last month, a New York district court refused to dismiss most of the copyright infringement claims asserted against a website operator based on an allegation that the website linked to an infringing copy of plaintiff’s...more

Fenwick & West LLP

Advanced Copyright Issues on the Internet

Fenwick & West LLP on

During recent years, the Internet has become the basic foundational infrastructure for the global movement of data of all kinds. With continued growth at a phenomenal rate, the Internet has moved from a quiet means of...more

Proskauer - New Media & Technology

Website HTML Is Copyrightable, Even If Look and Feel Is Not

In a notable ruling last month, a California district court ruled that the HTML underlying a custom search results page of an online advertising creation platform is copyrightable. In Media.net Advertising FZ-LLC v....more

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

Counterfeiting – Bad Business for E-Commerce Websites

Everyone knows that counterfeiting is bad business for brands – it weakens consumer confidence and brand loyalty, erodes goodwill, and creates liability issues -- but this month online retailer Etsy learned that...more

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