Law Brief®: Mark Rosenberg and Richard Schoenstein Discuss Online Distribution Leakage
Nota Bene Episode 135: Europe Q3 Check In: Brexit, Data Protection, and Block Exemption Regulations with Oliver Heinisch
On 18 October 2023, the Commercial Division of the French Supreme Court (Court of Cassation) issued a noteworthy ruling, in which it judged its own case law on restrictive competition practices to be "complex", a source of...more
A federal court in Puerto Rico denied a distributor’s motion for a preliminary injunction, finding that justice would not be served by reinstating the relationship between the parties after it was effectively terminated. Nilo...more
A federal court in Massachusetts has dismissed franchise claims brought against a manufacturer, concluding that the distributor had failed to identify a franchise fee that would qualify it for protection from non-renewal...more
In Munoz, v. Earthgrains Distribution, LLC, 2023 WL 5986129 (S.D. Cal. Sept. 13, 2023), the plaintiffs, members of a class of independent distributors of baked goods for Earthgrains and other bakeries, alleged that they were...more
When negotiating distribution agreements, sometimes manufacturers overlook the significance of termination clauses. After all, if you are in the process of making an agreement with a new distributor, why take the time 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
This newsletter focuses on two recent legal updates in the agri-food sector: ..The Egalim 2 Law, adopted on 19 October 2021, is aimed to grant guaranties to the French food sector. More specifically, this law intends to...more
In August 2021, the MDCG issued guidance MDCG 2021-23 for notified bodies, distributors and importers on certification activities in accordance with Article 16(4) of Regulation (EU) 2017/745 and Regulation (EU) 2017/746. The...more
There are a number of issues relating to distribution that arise in split rights deals for motion pictures. Whether it’s an acquisition, co-production or co-financing arrangement, one of the more important deal points is what...more
We’re checking in with our Europe-based expert on the latest European updates and upcoming changes for the third quarter of 2021 including updates on Brexit, European Union (EU) data protection policies, block exemption...more
One of the biggest frustrations for brand owners is seeing their products sold through unauthorized distribution channels such as on the Amazon Marketplace. Carefully controlled brand experiences and minimum advertised...more
In the early stages of doing business in the US, it may be too soon for a company to form its own U.S. sales organization. There are several ways to enter the US market without a full sales force. One option is for companies...more
Seyfarth's Future of Automotive Series - After three years of litigation, two appeals to the Sixth Circuit, and with a February 4, 2020 trial date looming, electric automobile manufacturer Tesla and the State of Michigan,...more
Con parere n. 19-9 del 25 ottobre 2019, la Commission d’examen des pratiques commerciales (la "CEPC") ovvero la Commissione francese per la valutazione delle pratiche commerciali, che ha il compito di vigilare sull’equilibrio...more
This past summer, the Third Circuit Court of Appeals issued a seminal opinion in Oberdorf v. Amazon.com, Inc., which held Amazon could be liable as a seller for products sold by third parties on its website. The issue however...more
On October 12, 2019, California governor Gavin Newsom signed into law Assembly Bill 179 (A.B. 179), a bill that will make significant changes to the warranty reimbursement provisions of the California Vehicle Code effective...more
Con l’inizio delle negoziazioni commerciali, bisogna tener presente che le novità introdotte dalla c.d. legge EGalim (n° 2018-938 del 30 ottobre 2018) per l’equilibrio delle relazioni commerciali nel settore alimentare e...more
Do you sell, market, or distribute someone else’s goods in Israel? Your role, whether as a distributor or as an agent, affects the rights you are entitled to by law. If you act as a commercial agent and not as a...more
After the Court of Justice of the European Union (CJEU) had issued its landmark judgment in the Coty case on reference for preliminary ruling, the Higher Regional Court of Frankfurt (HRC Frankfurt) has issued its now...more
The UK Government’s Brexit strategy took another step forward on 13th July 2017 with the publication of the European Union (Withdrawal) Bill, commonly referred to as the “Great Repeal Bill”. There was not much of a fanfare...more
Beer distributors can be on common footing with their franchisee counterparts in bargaining with brewers or suppliers. Depending on the jurisdiction, distributors may have protection through beer distribution statutes...more
Expressly adopting for the first time a test to determine whether a manufacturer or distributor is the owner of an unregistered trademark in the absence of a contractual ownership clause, the US Court of Appeals for the Third...more
- Post-Daimler: Are Non-U.S. Companies Safe from Suit in U.S. Courts? What if the Non-U.S. Parent Registers to Do Business in a State? - Rules of the (International) Road: Choosing and Appointing a Distributor ...more
Appointing an agent to sell to businesses in your chosen country on your company’s behalf may be a good first step toward penetrating a foreign market, as we previously discussed in Rules of the (International) Road: Make and...more
A long-standing distributor and licensee of Harley-Davidson motorcycles in Hawaii was entitled to proceed on its claim that the business relationship with Harley-Davidson Motor Company, Inc. was a "franchise" under Hawaii's...more