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Husch Blackwell LLP

Ninth Circuit Issues Opinion on Constitutionality of California’s AADC

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Keypoint: The appellate court ruled that the California Age-Appropriate Design Code Act’s impact assessment provision is unconstitutional and remanded the case back to the trial court to consider the constitutionality of the...more

Ballard Spahr LLP

The Iliad Flows: Federal Judge Allows FTC “Dark Patterns” Suit Against Amazon to Proceed

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In a lengthy ruling, a Seattle federal judge has allowed the Federal Trade Commission (FTC) to proceed with its groundbreaking case alleging that Amazon’s Prime online subscription marketing tactics constituted deceptive...more

Mayer Brown

EU Political Agreement on Forced Labor Product Ban

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On March 5, 2024, the European Parliament and the Council of the European Union reached a "political agreement" on a Regulation prohibiting products made with forced labor on the European Union ("EU") market. While binding...more

Smart & Biggar

False alarm: the risks of groundless online takedown complaints

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Online takedowns are an essential and effective tool for intellectual property rightsholders. Such tools are a common response to infringement on online marketplaces. A recent Canadian decision highlights the risks associated...more

McDermott Will & Emery

Congress Cracks Down on Sales of Stolen and Counterfeit Goods

The requirements of the INFORM Consumers Act went into effect on June 27, 2023. The following includes need-to-know information for sellers, businesses that serve as an online platform for third-party sellers and customers...more

BakerHostetler

Let’s Get Informed About the INFORM Act

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Congress sometimes passes legislation in a quite dramatic manner, with countless hearings, headlines, statements, and discourse. Other times, things happen just a bit more quietly, with language appearing in an omnibus...more

Jones Day

Can EU Operators of Online Marketplaces be Held Liable for Trademark Infringement?

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In Short - The Situation: The Court of Justice of the European Union ("CJEU") recently ruled that operators of online marketplaces may be held directly liable for trademark infringement in a context where third-party...more

Troutman Pepper

Etsy Targeted Over Sale of Counterfeit Products

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U.S.-based international trade group Cashmere and Camel Hair Manufacturers Institute (CCMI) recently filed a lawsuit against global online marketplace Etsy, Inc. in U.S. District Court for the District of Massachusetts for...more

Katten Muchin Rosenman LLP

More California Invasion of Privacy Act Claims Expected Following Ninth Circuit Decision

In an unpublished decision issued May 31 by the US Court of Appeals for the Ninth Circuit, the Court interpreted the California Invasion of Privacy Act, CA Penal Code § 630 et seq. (CIPA), and ruled that the plaintiff had...more

Faegre Drinker Biddle & Reath LLP

Amazon Notches Another Win on Personal Injury Liability Relating to Third-Party Seller Products

For some time, we have been following the emerging case law on whether companies, such as Amazon, that create an online marketplace for other sellers, may be held liable when products supplied by those sellers cause injury....more

Morgan Lewis

Jury Finds for Online Marketplace over Atari in Trademark Infringement Case

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In the case, Atari had alleged that Redbubble failed to adequately police its marketplace to remove artist uploads that counterfeited or infringed upon Atari’s trademarks in its logo and other iconic images. As part of its...more

Dickinson Wright

Loomis v. Amazon: Strict Products Liability in the World of E-Commerce

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On April 26, 2021, the California Court of Appeal issued its decision in Loomis v. Amazon.com LLC, which could have drastic consequences for operators of e-commerce sites being sued for strict liability for injuries incurred...more

Wilson Sonsini Goodrich & Rosati

Are Online Marketplaces Liable for Product Defects? California Says Yes

As companies increasingly open and support online marketplaces for third parties to sell goods and products, the question has arisen as to what happens when one of those products is defective. Who is liable for any harm the...more

Latham & Watkins LLP

Online Marketplace Liability: the CJEU’s ruling...in 60 Seconds

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Although the decision appears on its face to be a positive development for online marketplaces, it is does not definitively resolve questions of liability. On 2 April 2020, the Court of Justice of the European Union (CJEU)...more

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