News & Analysis as of

Distributors Trademarks

Tarter Krinsky & Drogin LLP

Controlling Online Distribution Leakage By Unauthorized Sellers

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

Gibney Anthony & Flaherty, LLP

Understanding the Distribution Agreement: A Checklist for Best Practices

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

Haug Partners LLP

The Impact of COVID-19 and Accelerated Growth of E-commerce on Gray Market Sales

Haug Partners LLP on

COVID-19 has impacted almost every aspect of society—our lives, our jobs, and our businesses. In addition to dominating decisions relating to consumer spending and purchasing, COVID-19 has created surpluses of goods,...more

Lathrop GPM

The Franchise Memorandum - Issue # 260

Lathrop GPM on

Welcome to The Franchise Memorandum by Lathrop GPM, formerly known as The GPMemorandum. Periodically, The Franchise Memorandum focuses on topics primarily of interest to companies that use distributors and dealers rather than...more

Gibney Anthony & Flaherty, LLP

Trump Administration Seeks Legislation to Hold E-Commerce Platforms Accountable for Counterfeit Sales

On October 13, 2020, President Trump signed a “Memorandum on Stopping Counterfeit Trafficking on E-commerce Platforms Through Fines and Civil Penalties” to combat trademark counterfeiting by taking aim at the e-commerce...more

Gibney Anthony & Flaherty, LLP

SHOP Safe Act of 2020: Making E-Commerce Companies Liable for Counterfeits

The House of Representatives recently introduced the Stopping Harmful Offers on Platforms by Screening Against Fakes in E-commerce (SHOP Safe) Act of 2020. The bipartisan bill incentivizes e-commerce platforms to adopt best...more

Orrick, Herrington & Sutcliffe LLP

Intellectual Property - Trademark - The World in U.S. Courts: Winter 2019

Personal Jurisdiction to Support Preliminary Injunction Against Dubai- and Belarus-Based Defendants in Trademark Infringement Suit Based on Three Purchases of Cryptocurrency in New York - Alibaba Group Holding Limited v....more

Robinson & Cole LLP

IP+T: Intelligence Newsletter - Q1 2019

Robinson & Cole LLP on

Jury Awards $95.5M in Trademark Infringement Case $95.5M in damages has been awarded by a jury in the ongoing trademark infringement battle between Walmart Stores, Inc. (Walmart) and Variety Stores, Inc. (Variety) over the...more

BCLP

EU Retail News - September 2017

BCLP on

UK Competition Authority Warns Creative Sector About Price Fixing and Information Sharing - On 12th September 2017 the UK Competition Authority,the Competition and Markets Authority ("CMA") sent an open letter to...more

McDermott Will & Emery

Whose Unregistered Trademark Is It Anyway?

McDermott Will & Emery on

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

McNees Wallace & Nurick LLC

Clarity on Manufacturer – Distributor Trademark Ownership in Third Circuit

On April 18, 2017, the Third Circuit issued an opinion in Covertech Fabricating, Inc. v. TVM Building Products, Inc., clarifying the test for determining trademark ownership between a manufacturer and distributor, where no...more

Ballard Spahr LLP

Manufacturers: Avoid this Issue—Register Your Trademarks!

Ballard Spahr LLP on

If you are a manufacturer and allow your distributors to use your unregistered trademarks without a contract, the Third Circuit just issued a decision that could help you retain ownership of those marks....more

Dorsey & Whitney LLP

Who Owns That Trademark - The Manufacturer or the Exclusive Distributor?

Dorsey & Whitney LLP on

The Court of Appeals for the Third Circuit, with a ringing endorsement of Prof. McCarthy’s trademark law treatise, issued a precedential opinion last week on the issue of whether a trademark is owned by the manufacturer or...more

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

BUY NOW: Use in Commerce for Mobile Applications

For a mobile application developer, clearing the Apple® App Store's® often lengthy approval process and seeing the mobile application available for purchase may seem like the last necessary step to establish use of the name...more

Lewitt Hackman

FRANCHISEE 101: Hawaiian Distributor May Be a Franchisee

Lewitt Hackman on

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

Lewitt Hackman

Crossing the Line: Don't Let Business Clients Become Accidental Franchisors

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Too often, expansion-minded business owners choose to offer trademarked products or services through purported licensing agreements or distribution or dealership arrangements only to discover, well into the game, that what...more

McDermott Will & Emery

Distribution in China – Legal Issues

McDermott Will & Emery is pleased to offer “Distribution in China – Legal Issues*,” a one-stop resource covering distribution in China, including: The business models and legal structures most commonly used for...more

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