News & Analysis as of

E-Commerce Trademark Infringement

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

Robins Kaplan LLP

A Dive Into Intellectual Property Liability for E-Commerce Platforms

Robins Kaplan LLP on

Online shopping has become increasingly popular in recent years. E-commerce sales surpassed $6.5 trillion in 2023 and are expected to total over $8.1 trillion by 2026. Convenience of product variety and online competition...more

McDermott Will & Emery

SHOP SAFE Act: E-Commerce Trademark Enforcement Legislation Reintroduced in the House

McDermott Will & Emery on

On June 11, 2024, Representatives Jerry Nadler (D-NY) and Darrell Issa (R-CA) of the US House of Representatives Judiciary Subcommittee on Courts, Intellectual Property, and the Internet reintroduced the Stopping Harmful...more

Jones Day

UK Supreme Court Rejects Amazon's Trademark Infringement Appeal

Jones Day on

In a stark alert to providers of global e-commerce services, the UK's most senior court has upheld an earlier decision that Amazon "targeted" UK customers for sales of U.S. goods on its U.S. website, amounting to trademark...more

Kohrman Jackson & Krantz LLP

How To Protect Your Brand From Competitors in the New Year

The start of the new year is a pivotal time in the retail sector for re-evaluating marketing and brand protection. Unfortunately, competitors often devise innovative ways to capitalize on the marketing and sales efforts of...more

Linda Liu & Partners

Defense of Prior Use of Trademark | “PURE MALT” Trademark Infringement Dispute

Linda Liu & Partners on

Before the trademark registrant applies for trademark registration, if another person has used a trademark that is identical or similar to the registered trademark and has a certain influence on identical or similar goods...more

Kohrman Jackson & Krantz LLP

OtterBox Combats Unauthorized Sellers and Counterfeits on Amazon

The rise of e-commerce has revolutionized the way we shop, making it easier than ever to access a wide range of products from the comfort of our homes. While this convenience has brought countless benefits, it has also given...more

Kohrman Jackson & Krantz LLP

How To Protect Your Brand From Competitors This Holiday Season

The holiday season is a pivotal time in the retail sector in both in-store and online forms, presenting retailers with key opportunities to boost revenue. As consumers shop year-end sales, competitors continuously find...more

Womble Bond Dickinson

What’s in a Name? Chicago’s Darvin Furniture & Mattress Claims Trademark Violation in Lawsuit Versus Wayfair

Womble Bond Dickinson on

Darvin Furniture And Appliance Of Orland Park, Inc. V. Wayfair LLC, Case No. 1:23cv4121 (N.D. Illinois, June 27, 2023) Darvin Furniture And Appliance Of Orland Park, Inc., a Chicagoland retailer which does business as Darvin...more

Dickinson Wright

A Seller’s Guide to Navigating Intellectual Property Law on Amazon

Dickinson Wright on

A basic understanding of Intellectual Property (IP) law is essential to managing an Amazon storefront, as IP issues can be a minefield for the uninformed. Amazon sellers must understand the major forms of intellectual...more

Proskauer Rose LLP

Three Point Shot - November 2022

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NBA Properties Lands Slam Dunk in Intellectual Property Win Heard Around the Globe - NBA Properties, Inc. (“NBAP”), the exclusive licensee of the National Basketball Association (“NBA”) and NBA teams’ distinctive trademarks,...more

Kohrman Jackson & Krantz LLP

Overcoming the First Sale Doctrine: The Quality Control Exception

Brands that sell goods on eCommerce websites such as Amazon, eBay, and Walmart, have undoubtedly been confronted with the issue of unauthorized resellers. Unauthorized resellers damage a Company’s brand, tarnish its company’s...more

AEON Law

Patent Poetry: Nike Sues Platform over NFTs

AEON Law on

Nike has sued the StockX platform for trademark infringement because the platform minted, marketed, and sold non-fungible tokens (NFTs) using Nike trademarks. As The Verge reported...more

Linda Liu & Partners

Build a great wall of trademark protection for your business on China’s e-commerce platforms

Linda Liu & Partners on

With the increasing protection of IP rights on e-commerce platforms, trademark registrants’ rights are respected and protected. It is difficult to sell counterfeit products on e-commerce platforms. For example, according to...more

Tarter Krinsky & Drogin LLP

Law Brief®: Mark Rosenberg and Richard Schoenstein Discuss Online Distribution Leakage

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

Faegre Drinker Biddle & Reath LLP

NFT Infringement: No Free Taking or New Fair Transformations?

Earlier this month sports apparel giant Nike sued StockX LLC, a Michigan-based sneaker and streetwear resale marketplace, for offering to its customers non-fungible tokens (NFTs) depicting Nike’s sneakers. The claims...more

Proskauer Rose LLP

Three Point Shot - Dec 2021

Proskauer Rose LLP on

Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. We hope you...more

Perkins Coie

Regift Responsibly This Holiday Season

Perkins Coie on

Consumers today are conscious of environmental issues. Younger generations in particular have a clear preference for environmentally friendly products—74% of millennials and 62% of Gen Z are willing to pay more for...more

Weintraub Tobin

Podcast: The Briefing by the IP Law Blog - Keeping an Eye on Warby Parker Adwords Trademark Infringement Lawsuit

Weintraub Tobin on

In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark infringement lawsuit filed by 1-800 Contacts that accuses Warby Parker of buying search-engine keywords for "1-800...more

Weintraub Tobin

The Briefing by the IP Law Blog: Keeping an Eye on Warby Parker Adwords Trademark Infringement Lawsuit

Weintraub Tobin on

In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark infringement lawsuit filed by 1-800 Contacts that accuses Warby Parker of buying search-engine keywords for "1-800...more

Dorsey & Whitney LLP

E-Commerce and Trademark Infringement: OSU Wins a Battle at the Sixth Circuit

Dorsey & Whitney LLP on

The Ohio State Buckeyes may have lost the college football national championship to Alabama earlier this year but OSU can take some consolation from its recent victory in a trademark case before the Sixth Circuit Court of...more

Neal, Gerber & Eisenberg LLP

Is Redbubble’s Bubble Bursting?

Redbubble, an online marketplace for print-on-demand products based on user-submitted artwork, could be in hot water for trademark infringement. Redbubble allows artists to advertise designs that are placed on apparel and...more

WilmerHale

USPTO/PTAB Update - February 2021

WilmerHale on

USPTO Director Andrei Iancu and Deputy Director Laura Peter resigned from their respective posts prior to inauguration day. Commissioner for Patents Drew Hirschfeld and Senior Counsel Coke Morgan Stewart are temporarily...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

Womble Bond Dickinson

USPTO to Consider Secondary Trademark Infringement in E-Commerce

Womble Bond Dickinson on

In the last quarter-century, e-commerce has revolutionized businesses large and small, creating opportunities to reach a far broader customer base than ever before. Unfortunately, this unlimited online marketplace also has...more

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