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Counterfeiting

Saul Ewing LLP

Faking It Won’t Help You Make It: The Perils of Promoting Counterfeits on Social Media

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The rise of dupes and counterfeits in influencer marketing highlights the need for transparency and vigilance. As companies like Amazon and Nike aggressively pursue legal action, influencers and brands must prioritize ethical...more

K&L Gates LLP

Fashion Law Update – February 2025

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In this edition of Fashion Law, we have compiled thought leadership published on our blogs and website throughout 2024—providing an overview of significant legal and regulatory updates in the fashion industry over the past...more

McDonnell Boehnen Hulbert & Berghoff LLP

2024 Report on Notorious Markets

The Office of the U.S. Trade Representative (USTR) issued its "2024 Review of Notorious Markets for Counterfeiting and Piracy" on January 8th, directed to "prominent and illustrative examples of online and physical markets...more

Saul Ewing LLP

The Biggest Trademark Decision of 2024: Penn State Takes on Ornamentality and Wins

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On November 19th, after over three (3) years of litigation, a jury in Williamsport, Pennsylvania finally found Vintage Brand, LLC (“Vintage”) and two other defendants liable for trademark infringement for selling counterfeit...more

Braumiller Law Group, PLLC

December 2024 Newsletter - Braumiller Law Group

In today’s complex global marketplace, businesses are increasingly confronted with the challenges of supply chain disruptions, rising costs, and fierce competition—all exacerbated by trade remedy tariffs. While many of these...more

ArentFox Schiff

What You Need to Know: 2025 Updates to EU Design Protection

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The European Union (EU) has approved updates to its design protection legislation to modernize the framework and support innovation across member states....more

Quarles & Brady LLP

Indispensable Strategies for Protecting Disposable Products

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As commerce moves more and more online, companies are facing unique challenges with respect to protecting their products, and the low cost of entry for online sellers has contributed to proliferations of knock-off and...more

Irwin IP LLP

Single Act, Not Sale, Triggers New York Personal Jurisdiction

Irwin IP LLP on

American Girl, LLC v. Zembrka, No. 21-cv-1381 (2d Cir. September 17, 2024) - On September 17, 2024, the Second Circuit concluded that under New York’s Long Arm Statute, a business that receives a single product order,...more

Katten Muchin Rosenman LLP

Going for the Gold - Katten Kattwalk | Issue 28

France joined other EU countries in an effort to seize vast quantities of counterfeit merchandise this year, with many items related to the Paris 2024 Olympic and Paralympic Games....more

McDermott Will & Emery

Dolly Pardon: American Girl Can Sue Foreign Counterfeiter for Internet Sales

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The US Court of Appeals for the Second Circuit clarified its standards for establishing personal jurisdiction over foreign defendants that conduct business over the internet. American Girl, LLC v. Zembrka, DBA...more

Wiley Rein LLP

Biden Administration Announces Changes to De Minimis Trade Exemptions to Address Unfair and Unsafe Imports into the United States

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On September 13, 2024, the White House announced that it will take several steps to crack down on use of the “de minimis exemption” for imports of unsafe and unfairly traded goods. The de minimis exemption currently allows...more

Woods Rogers

Counterfeiters Beware: Amazon Steps Up Efforts to Protect Brands

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Amazon's Counterfeit Crimes Unit (CCU) has been pursuing legal action against sellers attempting to sell counterfeit products on the Amazon platform. CCU accuses these bad actors of obtaining improper trademarks and filing...more

Davidoff Hutcher & Citron LLP

My Fashion (Legal) Odyssey: Part 1 From Wall Street to Fashion Avenue

The year is 1983. The Police have released their biggest album, Synchronicity, and their biggest hit, Every Breath You Take. I am a mid-level litigation associate at the major Wall Street law firm that was then called Stroock...more

Kelley Drye & Warren LLP

Staying INFORMED: Updates Regarding State INFORM Acts

On June 27, 2023, the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (INFORM Act) went into effect. As we have previously written, the INFORM Act aims to deter criminals from selling...more

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

WilmerHale

PTAB/USPTO Update - August 2024

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On July 7, the Senate passed a resolution “[r]ecognizing the importance of trademarks in the economy and the role of trademarks in protecting consumer safety, by designating the month of July as ‘National Anti-Counterfeiting...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - July 2024 #4

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The breach of contract trial against a woman claiming to be Jerry Jones’ daughter is scheduled to start next Monday, and the Cowboys owner is expected to testify on the witness stand....more

McDermott Will & Emery

It’s an Old Tune: Third-Party-Use Evidence From Long Ago Can Support Genericness

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The US Court of Appeals for the Fifth Circuit found that the district court abused its discretion in wholesale exclusion of evidence on the issue of genericness. The evidence was offered to show prior use of a trade dress...more

Erise IP

What’s Trending in Trademarks, June 2024: Toms Shoes Says Unauthorized Seller is Hurting Its Brand, Supreme Court Passes on...

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Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Toms...more

Sheppard Mullin Richter & Hampton LLP

What Lady Whistledown Can Teach Us About Anti-Counterfeiting

Dearest Gentle Reader, it seems that the scandalous allure of counterfeit goods has infiltrated our esteemed society with alarming frequency. Behind the shimmering facade of the finest of marketplaces, whispers abound of...more

McDonnell Boehnen Hulbert & Berghoff LLP

U.S. Trade Representative Releases 2023 Special 301 Report

In April, Ambassador Katherine Tai, U.S. Trade Representative (USTR), issued the 2024 Special 301 Report.  In a press release, the USTR stated that "[m]any of the issues highlighted in the Special 301 Report demand...more

Kohrman Jackson & Krantz LLP

The Perils of Not Awarding Profits in Lanham Act Cases Against Counterfeiters

The wild west of the e-commerce landscape keeps many trademark owners up at night trying to protect their brand. In the ever-expanding online marketplace, counterfeiters pop-up daily trying to make a quick buck passing off...more

Kohrman Jackson & Krantz LLP

How a John Doe Lawsuit Can Help You Unmask the Source of Fake Reviews, Defamation, and Harassment

The internet holds some of the largest threats an individual or business can face in 2024. Online threats can become even more challenging to address when the attacker acts anonymously...more

Weintraub Tobin

The Briefing: Brandy Melville Doubles Down Against Redbubble (Podcast)

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Brandy Melville Doubles Down Against Redbubble The ongoing dispute between Brandy Melville and Redbubble over trademark and copyright infringement continues. Despite previous setbacks, Brandy Melville has filed a new lawsuit...more

Neal, Gerber & Eisenberg LLP

Amazon APEX Complaints Convey Personal Jurisdiction in Amazon Seller’s Forum

Most reputable online marketplaces have long offered policing programs to address counterfeiting of registered copyrights and trademarks. The copyright or trademark owner needs only to provide the marketplace with a copy of...more

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