Internet Retailers

News & Analysis as of

Gardner v. CafePress, Inc. - USDC S.D. California, February 26, 2014

Gardner v. CafePress, Inc. - USDC S.D. California, February 26, 2014 : Defendant CafePress operates a website that allows users to upload images for printing on products that others can purchase, such as T-shirts....more

Top 5 Changes For Online Sales

Italy finally implemented the new Consumer Rights Directive which introduces major changes in online contracts aimed at better protecting consumers, impacting also on the Internet liability regime for entities selling...more

International Tax News - February 2014

IRS RELEASES ITS “ROADMAP” OF THE TRANSFER PRICING AUDIT PROCESS - The US Internal Revenue Service has released its Transfer Pricing Audit Roadmap, a 26-page outline of the two-year transfer pricing audit process,...more

Virtual Currency Resources

Decentralized virtual currencies (also called math-based, crypto-, or alt-currencies) harness the Internet’s distributed architecture and vast processing power to provide an entirely new platform for payments innovation....more

Renewed Congressional Interest in Federal Data Security and Breach Notification Legislation

In light of recent, well-publicized, data security breaches at major retailers and social media company Snapchat, legislators are renewing the call for new federal laws that would strengthen data security and notification...more

German Federal Supreme Court Releases Long-Awaited Decision in Gameforge ‘Runes of Magic’ Case

Last week the German Federal Supreme Court (FSC) finally released its full decision, with reasons, in the Gameforge “Runes of Magic” litigation. The court had already made its decision on 17 July 2013 (file no.: I ZR 34/12)....more

Living In A State Of De-Nile: Are Commercial Drones Viable?

Soon, the days of having to wait for your online purchase to arrive may be a thing of the past. Nile, giant online retailer of everything from books to breakfast cereal, announced that it intended to deploy a fleet of...more

BBB Warns Advertisers and Web Publishers to Take Responsibility for Behavioral Advertising Disclosures

The Better Business Bureau (“BBB”) and the Direct Marketing Association (“DMA”) are in charge of enforcing the ad industry’s Self Regulatory Principles for Online Behavioral Advertising (“OBA Principles”), which regulate the...more

Collection of Email Addresses in Credit Card Transactions May Be Prohibited by California Law

The U.S. District Court for the Eastern District of California has held that the prohibition against requesting or requiring personal identification information in connection with credit card transactions contained in...more

U.S. Supreme Court Denies Certiorari to Review New York’s Click-Through Nexus Law

The U.S. Supreme Court has declined to consider the constitutionality of New York’s “Amazon” click-through sales tax nexus law, leaving it in effect and emboldening other states’ similar efforts. Unless federal legislation...more

China to Boost Cross-Border E-Commerce

On Aug. 29, 2013, the Ministry of Commerce (the "MOFCOM"), in collaboration with eight other ministries and departments, released an "Opinion on Implementing Relevant Policies for Supporting Trans-boundary E-commerce Retail...more

Internet Platform Held Liable for Counterfeit Sales in a Departure from eBay Case — Hope for Brand Owners

Luxury brand owner Richemont International Ltd. (“Richemont”) scored an important victory against online counterfeiting this month when the U.S. District Court for the Central District of California granted summary judgment...more

Out of the Box - Legal guidance for the consumer product + retail industry: Volume 1, Issue 2, September 2013

In This Issue: From Flying Robots to Logistics Bliss: A Case Study; FCC’s New TCPA Rule; and Consumer Rights Set to Change in Europe. Excerpt from From Flying Robots to Logistics Bliss: A Case Study - The...more

Misbranded Drugs: A Danger To Physicians And Patients

Mail-order businesses, including pharmacies, bombard doctors by fax, phone, and Internet offering an assortment of name-brand medications and treatments at bargain prices. These new options tempt physicians with the promise...more

Capital Thinking: Technology & Communications

Legislative Activity - Senate Commerce Committee Evaluates FCC And FTC Nominees - The Senate Committee on Commerce, Science and Transportation held a hearing on Wednesday, September 18 to consider the...more

Top fashion legal topics – #5 Fashion and online retail

We dedicated this week to fashion and IPT (intellectual property and technology) issues. After wearable technologies, special rules for foreign franchisors in Italy, 3D Printers à la mode, social media and fashion this IPT...more

Focused on Franchise Law - August 2013

FRANCHISOR 101: CALIFORNIA REQUIREMENTS ON NEGOTIATED TERMS MAY CHANGE - The California Franchise Investment Law and the California Code of Regulations currently require franchisors registered in California to disclose...more

Appellate Decision Places Fraud Prevention Measures Outside Reach of California’s Song-Beverly Credit Card Act

With cybercrime on the rise, regulators and plaintiffs’ lawyers are pressing businesses to help mitigate the risk of identity fraud to American consumers. Ironically, at the same time, plaintiffs’ lawyers have sued numerous...more

Bricks, Mortar, The Internet And Multi-Channel Retailers - Is this the end of high-street shopping?

Today it is unthinkable for a major retailer not to have an online presence. In less than 20 years, consumer retail channels have revolutionized the way that the retailer interacts with its customers. It was as far back as...more

‘Marketplace Fairness Act’ Would Change Tax Game for Online Retailers

On May 6, 2013, the U.S. Senate passed the “Marketplace Fairness Act,” which allows states to collect sales tax on online purchases, whether or not the online retailer has a physical presence in the state. If this bill...more

High Net Worth Family Tax Report, Vol. 8, No. 2 -- May 2013

President’s fiscal year 2014 budget contains numerous tax provisions - President Barack Obama released his proposed budget for the government’s fiscal year 2014 on April 10, 2013, and, not surprisingly, the budget...more

Marketplace Fairness Act of 2013 Passes United States Senate

On May 6, 2013, the United States Senate passed the Marketplace Fairness Act of 2013 (the "Act") by a vote of 69 to 27. The legislation (S. 743) now moves to the House of Representatives for consideration....more

Advertising Law -- May 09, 2013

Harsh Criticism for Ad Industry Over DNT - The advertising industry faced harsh criticism at a hearing held by Sen. Jay Rockefeller (D-W.V.). He addressed the implementation of a federal Do Not Track program and...more

California Federal Court Holds Online Purchase Transactions For Shipped Merchandise Not Covered By Song-Beverly Credit Card Act

On April 30, the U.S. District Court for the Central District of California held that Section 1747.08 of the Song-Beverly Credit Card Act, which prohibits retailers from requiring personal information as a condition to...more

About California’s Right to Know Act of 2013 – What, Me Worry?

If you got Google, Facebook and Microsoft into a room and asked them to compile a list of things that they are most afraid of, that list would probably look something like this...more

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