FBA business owners who have decided to enter into asset purchase agreements with a buyer, as outlined in Part 1 of our series, should understand the various levels of an asset purchase transaction and what will be needed in...more
4/21/2022
/ Amazon ,
Ancillary Agreements ,
Asset Purchase Agreements ,
Bill of Sale ,
Bulk Sales Act ,
Business Ownership ,
Consent ,
Due Diligence ,
Financial Transactions ,
Intellectual Property Protection ,
Inventors ,
Purchase Agreement ,
Representations and Warranties ,
Third-Party
In the U.S., most transactions involving the purchase of an Amazon FBA business involve the purchase of the business’ assets as opposed to the entirety of the business. These transactions are known as asset purchase deals and...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
2/23/2022
/ Amazon Marketplace ,
Distributors ,
E-Commerce ,
Intellectual Property Protection ,
Internet Retailers ,
Online Distribution ,
Online Marketplace ,
Sales & Distribution Agreements ,
Sellers ,
Takedown Notices ,
Trademark Infringement
Intellectual property rights are some of the most valuable assets that an Amazon store owner can possess. These rights help distinguish the owner’s products from those of others and can prevent competitors from selling...more
1/19/2022
/ Amazon ,
Amazon Brand Registry ,
Brand Registry ,
Design Patent ,
Design Registration ,
Due Diligence ,
Intellectual Property Protection ,
International Trademark Protection ,
Inventions ,
Sellers ,
Trademark Registration ,
Trademarks
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
4/13/2021
/ Amazon ,
Amazon Marketplace ,
Brand ,
Cease and Desist ,
Distributors ,
Foreign Suppliers ,
Gray Market Goods ,
Infringement ,
Resales Agreements ,
Sales & Distribution Agreements ,
Trademarks ,
Unfair or Deceptive Trade Practices
On the latest Law Brief® episode, Mark Rosenberg, Intellectual Property Partner and a member of the firm’s Amazon Marketplace and Online Intellectual Property Disputes practice, discusses his recent experiences with Amazon’s...more
Intellectual Property Partner Mark Rosenberg joins host and Litigation Partner Rich Schoenstein to discuss the “Legal Perils of Video Marketing” on the latest episode of Law Brief. Mark and Rich delve into the legal...more
9/16/2020
/ Advertising ,
Copyright ,
Copyright Infringement ,
Intellectual Property Protection ,
Internet Marketing ,
Marketing ,
Online Advertisements ,
Online Platforms ,
Online Videos ,
Social Media ,
Websites
In early 2019, Amazon introduced the Neutral Patent Evaluation Procedure, a streamlined and cost-effective program for resolving disputes between owners of utility patents and Amazon Marketplace sellers accused of infringing...more
In a striking decision issued on July 15, 2020, the U.S. Court of Appeals for the Second Circuit held that motions to dismiss based on state Anti-SLAPP statutes, which require that plaintiffs satisfy a high standard of proof...more
In the latest episode of Law Brief, Tarter Krinsky & Drogin’s recently released podcast series, Intellectual Property partner Mark Rosenberg joins Litigation partner and host Rich Schoenstein to discuss Amazon’s Pilot Program...more
On July 2, 2019, the United States Patent and Trademark Office (USPTO) announced a new rule that all trademark applicants and registrants whose domicile or principal place of business is not located within the United States...more
Often, an Amazon seller accused of patent infringement finds itself in a frustrating predicament. The seller receives an email from Amazon notifying it that the seller’s product is being removed from the site and stating that...more
Over the past few years, owners of U.S. patents and trademarks have used the appearance of Chinese companies at a trade show as infringement "traps." These patent owners have commenced infringement cases against Chinese...more
This month, a California woman sued Chipotle for $2.2 billion based on the burrito chain's unauthorized use of her photograph in its promotional materials. The $2.2 billion demand represents Chipotle's profits from 2006, when...more
Over the past two years, owners of U.S. patents have used Chinese companies' appearances at a trade show as a patent infringement "trap." These patent owners have commenced patent infringement cases against Chinese companies...more
12/20/2016
/ Asset Seizure ,
China ,
Jurisdiction ,
Marketing ,
Patent Infringement ,
Patents ,
Popular ,
Reputational Injury ,
Restraining Orders ,
Trade Shows ,
TRO