JONES DAY TALKS®: The eBay Cyberstalking Case: Mitigating the Compliance Risks of Employee Misconduct
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
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
Willful blindness is never a defense to contributory trademark infringement or counterfeiting. This has been the standard ever since the 2010 Tiffany (NJ) Inc. v. eBay, Inc. decision when the U.S. Court of Appeals for the...more
Highly publicized pandemic relief and economic stimulus legislation that hurriedly passed Congress late in 2020 with little debate also includes what has been called the most significant trademark legislation since the Lanham...more
"'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
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
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
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
SPECIAL FOCUS: The Impact of eBay on Lanham Act False Advertising Litigation - A recent opinion by the United States Court of Appeals for the Third Circuit held that the Supreme Court’s landmark decision in eBay is...more
The Ninth Circuit’s recent decision in Herb Reed Enterprises, LLC v. Florida Entertainment Management Inc. increases the burden on trademark plaintiffs seeking preliminary injunctions. The case is the first decision from a...more