News & Analysis as of

Patents Internet Retailers

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

Robins Kaplan LLP on

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

Womble Bond Dickinson

Kohler Lets Design Patent Infringement Charges Flow in New Complaint

Womble Bond Dickinson on

Kohler Co. v. Sweethome d/b/a Sweethome247.com, Case No. 2:23-cv-06889 (C.D. California, Aug. 22, 2023) - The Kohler Co. is pursuing design patent infringement claims for one of its many fixtures. The Wisconsin-based...more

Dickinson Wright

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

Dickinson Wright on

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

AEON Law

Patent Poetry: Understanding Amazon’s Utility Patent Neutral Evaluation Proceedings

AEON Law on

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

Procopio, Cory, Hargreaves & Savitch LLP

Protecting Your Online Brand on Amazon

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

Holland & Knight LLP

Fed. Circ.: Retailer Finder Fee Patent Invalid Under Section 101

Holland & Knight LLP on

In the case of In re Elbaum, No. 2021-1719, 2021 WL 3923280 (Fed. Cir. Sept. 2, 2021), Saul Elbaum applied for a patent related to selling products on the internet using physical locations, specifically where the internet...more

Dorsey & Whitney LLP

The Name Lives On: the eCommerce Rebirth of Brick and Mortar Brands

Dorsey & Whitney LLP on

The impact of COVID-19 restrictions and precautions, combined with trending consumer preferences to shop online, is fueling bankruptcy filings of well-known brick-and-mortar brands. As customers bid farewell to fond strip...more

International Lawyers Network

Rebranding or launching a new product in the CPG space? Don’t neglect intellectual property

The coronavirus pandemic has presented many challenges for those in the consumer packaged goods (CPG) space, and beyond. Supply chain disruptions, rapid migration of point-of-sale from brick-and-mortar outlets to online...more

Miller Canfield

An Online Patent Enforcement Strategy That is Immune to the COVID-19 Pandemic

Miller Canfield on

The COVID-19 pandemic has wreaked havoc on brick and mortar businesses. Consumers, confined to their homes, have flocked to online markets, where products offered by patent owners often compete with infringing products from...more

Jones Day

ITC Issues GEO to Protect Domestic Manufacturer From Anonymous Online Sales

Jones Day on

In a recent Commission opinion, the ITC reviewed and affirmed ALJ Bullock’s Initial Determination (ID), and issued a general exclusion order (“GEO”). Certain Self-Anchoring Beverage Containers, Inv. 337-TA-1092, Comm’n Op....more

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

The Goods on IP - September 2019: Amazon Seeks to Strike Balance Between Patent Owners and Merchants

It is no longer much of a secret that Amazon rolled out a pilot program for what it hopes will provide quick and cost-effective resolution of patent disputes for products sold on its website. The program is called the Amazon...more

Jones Day

ITC Grants Summary Determination Against Defaulting Respondents and Issues GEO

Jones Day on

In another example of why defaulting at the ITC can be a dangerous strategy, the ITC recently found all eight named respondents in default and concluded a general exclusion order (GEO) was the appropriate remedy. Since the...more

Mintz - Intellectual Property Viewpoints

Have you ever used a one-click ordering process online? Then you indirectly paid Amazon.

If you purchased anything from a website using a one-click purchase button, you indirectly paid Amazon for that ability, at least up until September 11, 2017 when Amazon’s patent to this technology expired. As a result,...more

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