Podcast - The Briefing: Unmasking Luxury Knockoffs – Amazon Sues Influencers for Promoting Counterfeit Goods
Fashion Counsel: Privacy in the Retail Fashion Industry
Law Brief®: Mark Rosenberg and Richard Schoenstein Discuss Online Distribution Leakage
Nota Bene Episode 98: The U.S. Supreme Court’s Mark on U.S. Antitrust Law for 2020 with Thomas Dillickrath and Bevin Newman
Podcast: South Dakota v. Wayfair
Stealth Lawyers: Steven Abt & Moiz Ali, Craft Spirits Curators
In a closely watched case, the U.S. Consumer Product Safety Commission (CPSC) on July 29, 2024, found that Amazon's popular "Fulfilled by Amazon" program – in which products are listed by Amazon but sold by third-party...more
In a stark alert to providers of global e-commerce services, the UK's most senior court has upheld an earlier decision that Amazon "targeted" UK customers for sales of U.S. goods on its U.S. website, amounting to trademark...more
In this inaugural episode of the Knobbe IP+ podcast, Knobbe Martens partner Greg Phillips speaks with Joe Wheatley, Senior Counsel, Amazon Counterfeit Crimes Unit, about how the Counterfeit Crimes Unit searches the Amazon...more
E-commerce juggernaut Amazon continues to grapple with an issue that has plagued its platform—false reviews. Whether a false review is fabricated, biased, or does not genuinely reflect the experiences or opinions of...more
The Federal Trade Commission (FTC) last week filed a civil case against Amazon alleging that the company used “manipulative, coercive, or deceptive user-interface designs known as ‘dark patterns’ to trick consumers into...more
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
Ohio has taken a step to protect brands that are dealing with unauthorized, counterfeit and gray market sales from online marketplaces. Governor Mike DeWine recently signed the bipartisan Ohio House Bill 272 (H.B. 272) into...more
From its inception, Amazon has been at war with unscrupulous actors, both foreign and domestic, who seek to gain a competitive advantage through any means necessary. What began as malware, viruses, and spam, has evolved into...more
Up for consideration before the 117th Congress this year is Senate Bill 2992 (S. 2992); known as the American Innovation and Choice Online Act (the eCommerce Antitrust Act). The purpose of the eCommerce Antitrust Act is to...more
Amazon’s Utility Patent Neutral Evaluation (“UPNE”) process is intended to be a fast and efficient method for resolving claims of patent infringement by products listed on the Amazon site. As Forbes discussed during the...more
In a move that could prove beneficial for both brands and consumers alike, Amazon recently filed a lawsuit against two fake-review brokers, AppSally and Rebatest. These companies connect consumers with third-party sellers to...more
On the latest Law Brief® episode, Host Rich Schoenstein is joined by Intellectual Property Partner Mark Rosenberg to talk about secondary sales of products on the internet, including the Amazon Marketplace. Mark explains how...more
It used to be that counterfeit goods in the United States originated in well-known places like New York City’s Canal Street, or perhaps other niches in a city near you. ...more
In today’s ever-expanding e-commerce environment, online brand protection and enforcement has become a necessary undertaking of paramount importance for brand owners in efforts to combat the illicit trade of counterfeit and...more
In the early days of the pandemic, COVID-19 was synonymous with a mad dash for anti-virus home items like hand sanitizer, toilet paper, and anti-bacterial wipes. Amazon emerged from the shopping frenzy as key source of these...more
As many retailers and manufacturers that sell directly to their customers know well, sale and similar promotional pricing practices have been the targets for regulators and class action plaintiffs for several years, and...more
In September, we addressed the developing caselaw governing an “e-tailer’s” exposure to products liability suits when a consumer purchases a defective product from a third-party vendor on the e-tailer’s sales platform. While...more
The Sixth Circuit Court of Appeals later this year will hear oral arguments in an important case deciding whether a lower federal court correctly enjoined the Kentucky Attorney General from applying the State’s price gouging...more
Some of us cannot resist the lure of actual, but oftentimes illusory, online shopping deals available during Amazon Prime days or the upcoming Cyber Monday extravaganza. Do not let the excitement of the pursuit and purchase...more
In a recent post, we summarized recent developments in litigation and legislative activity concerning whether online marketplaces may be directly liable for the sale of defective and counterfeit products on their platforms....more
Amazon recently suffered a loss when a California appellate court found that Amazon could be held strictly liable for defective products sold by third parties through Amazon’s website. Amazon has for many years argued it is...more
The tide is turning as another federal court declares that Amazon is responsible for third-party products purchased on its website. On January 7, 2020, the Southern District of Texas in McMillian v. Amazon.com, 433 F.Supp.3d...more
A customer argued that he is not bound to the arbitration clause included in Amazon’s conditions of use since August 2011 because he never received notice of the clause or manifested his assent to it. Nonetheless, the...more
Amazon asking customers to buy less! The pandemic has forced businesses, both winners and losers, to act “in unusual ways”....more
Although online shopping is extremely convenient, many consumers still want to touch and test out products before they purchase them. Since 2015, Amazon, with its first brick and mortar Amazon Books store, has made its way...more