News & Analysis as of

eBay

Patent Infringement for Listing on eBay?

by Field Law on

A patent owner notices that knock-off products are listed for sale on eBay. The knock-offs appear to infringe his patent. When eBay refuses to remove the allegedly infringing articles. The patent owner sues eBay for patent...more

Third Circuit Holds eBay-Based Allegations Sufficient to Plead Reverse False Claim For Failure to Pay Import Duties

by Ropes & Gray LLP on

In October, the Third Circuit held in United States ex rel. Customs Fraud Investigations, LLC v. Victaulic Co., 839 F.3d 242 (3rd Cir. 2016), that the 2009 amendments to the False Claims Act (“FCA”) allowed a relator to...more

2016 Antitrust Year in Review

Wilson Sonsini Goodrich & Rosati is pleased to present its 2016 Antitrust Year in Review. In this report, we summarize the most significant antitrust matters and developments of the past year. We begin with a look at the...more

Gavel to Gavel: Fake goods pose real risks when shopping online

by McAfee & Taft on

"'Twas the week before Christmas, and one click of the mouse ordered the presents for all in the house. With two-day free shipping and discounts galore, we just shop online – why go to a store?" Originally published in...more

DOJ and FTC Issue Antitrust Guidance for Human Resource Professionals

by Dorsey & Whitney LLP on

Everyone knows that price-fixing among sellers of competing products is illegal, but price-fixing by buyers can also violate the antitrust laws. That is true even in the market for buying services of employees, regardless of...more

Ways Manufacturers Can Shut Down Unauthorized Resellers

by WilmerHale on

The internet has become a dominant marketplace for consumer products and services. Historically, high capital costs of warehouse and storefront facilities tended to discourage unauthorized resellers from becoming a...more

A Prime Concern: Counterfeiting on Amazon

Readers: find any good deals on Prime Day? For my part, I abstained. I’ve had a “Gold Box” deal sitting in the box for about 6 months now — turns out, I really didn’t need a pressure cooker....more

EU Adopts Cybersecurity Directive: What US Companies Need to Know

Not all the news coming out of Europe these days is about Brexit. In fact, the forces of unity and harmonization remain a top priority for European regulators hoping to combat digital security threats and create a safer and...more

What Are We Going to Do About Amazon?

by Burns & Levinson LLP on

My client Sarah is a talented graphic designer who developed the idea of printing unique designs on curtains. She began selling them on Amazon and the product became wildly successful. Due to this popularity, counterfeiters...more

Thriving Through Transformation: How PayPal’s Emily Ward Used Her Network and Values to Define a Year

In 2015, Emily Ward, vice president and deputy general counsel at PayPal, was busy. Her itinerary included helping lead aspects of PayPal's separation from eBay, aiding PayPal's transition as its own company, organizing...more

European Court of Justice to Rule on Legality of Online Sales Bans

An appeal court in Frankfurt has asked the European Court of Justice to clarify the application of the competition rules to online sales. The Frankfurt court made its request in the context of a dispute between a leader in...more

Central District of California Holds That the California Resale Royalty Act Is Preempted by Federal Copyright Law

by BakerHostetler on

As previously discussed on this blog, the validity of the California Resale Royalty Act (the “RRA,” Civil Code Section 986), a 1976 law that requires resellers of fine art to pay a royalty of 5 percent to the artists behind...more

Protecting Your Rights Against Unauthorized Gray Market Sales

by Burns & Levinson LLP on

We frequently see companies affected by gray market imports and diverted sales. The gray market is caused by opportunistic importers who purchase a company’s products abroad and import them into the U.S. without...more

An E-Bay User Copied and Sold Thousands of Designs for Profit, but is it Legal?

Three-dimensional printing technology continues to be a new frontier of creativity, advancement, and of course, legal issues. The laws surrounding 3D printing have always been a topic of concern, but the discussion took...more

E-Commerce: National Competitions Authorities Weigh In on Sales Restrictions Regarding Online Marketplaces

by McDermott Will & Emery on

In May 2015, the European Commission launched a two-year, industry-wide inquiry into the e-commerce sector to gather data on the functioning of e-commerce markets, so as to identify possible competition concerns. This sector...more

Intellectual Property Newsletter - January/February 2016

by King & Spalding on

2015 U.S. Trademark Developments Every Food and Beverage Lawyer Should Know - In 2015, U.S. courts provided trademark practitioners with several issues to discuss and debate. Identified and summarized below are the...more

WSGR Obtains First-of-Its-Kind Precedent on California's Automatic Renewal Law

A host of Silicon Valley companies have been targeted by suits claiming that recurring payments the companies receive for services have been obtained in violation of California's Automatic Renewal Law (ARL), Business and...more

Online Dispute Resolution – European Commission publishes its link to the “ODR” Platform

by Dentons on

ODR – a recap - ODR is a form of dispute resolution which uses technology to facilitate the resolution of disputes by using techniques such as e-negotiation and e-mediation....more

Mobile Apps Like Uber and Airbnb Raise Novel ADA Title III Issues

by Seyfarth Shaw LLP on

Last week, Buzzfeed reported that the United Spinal Association opposed Uber’s CEO’s nomination for Time Magazine’s Man of the Year award because Uber cars are allegedly not wheelchair accessible. This controversy raises an...more

Internet-Centric Solution Is More than Moving Online - eBay, Inc. v. PAID, Inc.

by McDermott Will & Emery on

Addressing the issue of patent-eligible subject matter in a covered business method (CBM) review, the Patent Trial and Appeal Board (PTAB or Board) found the challenged online action patent to be directed to ineligible...more

Laches Remains a Defense to Legal Relief in Patent Infringement Cases After Petrella

by Snell & Wilmer on

Laches remains applicable in the patent context to bar pre-suit damages after an en banc Federal Circuit ruling late last week in SCA Hygiene Products Aktiebolag v. First Quality Baby Products. Last year in the “Raging Bull”...more

Russia’s new data law

by Dentons on

Russia’s new Data Localisation Law went live yesterday on 1 September. Many companies with operations in Russia are scratching their heads about how to comply. The Basics - The new law applies to businesses with a...more

And the Winner is? Digital Platform Liability for Trademark Infringement

by Fenwick & West LLP on

Much has been made of the question of liability for the operation or furnishing of digital platforms in the copyright context. Since the U.S. Supreme Court ruling that the provider of the Betamax recorder did not itself...more

SCOTUS Decision in Spokeo Could Have Significant Impact on Data Breach Litigation

by LeClairRyan on

Following several significant data breaches in 2014 and 2015, including one reported just last week by the IRS, organizations of all types are on high alert to safeguard against data breaches and to prepare incident response...more

Portion of California Resale Royalty Act Struck Down as Unconstitutional - Sam Francis Found. v. Christie’s, Inc.

by McDermott Will & Emery on

Addressing the constitutionality of California’s Resale Royalty Act, Cal. Civ. Code § 986 (“the Act”), the U.S. Court of Appeals for the Ninth Circuit held that a portion of the Act violated the dormant Commerce Clause of the...more

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Cybersecurity

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