News & Analysis as of

E-Commerce Trademarks

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

Seyfarth Shaw LLP

New Ruling Expands Trademark Owners’ Rights in Retail Space

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Trademark lawyers are often asked: “What’s the difference between a trademark and a service mark?” In general, a trademark refers to a brand name used in connection with goods, while a service mark is one that is used in...more

Robins Kaplan LLP

A Dive Into Intellectual Property Liability for E-Commerce Platforms

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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

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

Jones Day

UK Supreme Court Rejects Amazon's Trademark Infringement Appeal

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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

Linda Liu & Partners

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

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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

Vondran Legal

Proper grounds to cancel another companies trademark

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In business, trademarks are everything. It's how consumers come to know, love and trust your brand. It's a valuable corporate asset, and many disputes can arise of name rights with the explosion of e-commerce and the...more

Gibney Anthony & Flaherty, LLP

Modified SHOP SAFE Act Introduced to Combat Anticounterfeiting

On September 28, 2023, Senators Chris Coons (D-Del.) and Thom Tillis (R-N.C.) introduced the Stopping Harmful Offers on Platforms by Screening Against Fakes in E-Commerce (SHOP SAFE) Act. This bill is being introduced in...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

Perkins Coie

FTC Finalizes Updated Guidance for Influencer and Consumer Review Programs

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The Federal Trade Commission (FTC) recently finalized updates to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (Guides), which address the FTC’s latest thinking about how the...more

Womble Bond Dickinson

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

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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

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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

Hogan Lovells

2022 Annual Retail and Fashion Holiday Guide

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The holiday shopping season is upon us once again and this year, much like last year, continues to present unique challenges and opportunities for consumer companies and retailers. In this nearly “post-COVID” environment,...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

ArentFox Schiff

The Metaverse: A Legal Primer for the Nonprofit Sector

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The Metaverse is widely regarded as the next frontier in digital commerce, with organizations spending millions of dollars securing a presence by buying digital real estate and investing in platforms to be market leaders....more

BakerHostetler

A Legal Practitioner’s Guide to NFTs, Digital Advertising and Media

BakerHostetler on

In 2021, non-fungible tokens (NFTs) generated overall sales of close to $25 billion and became one of the year’s most defining cultural phenomena. This trend has continued with NFT sales topping $2 billion in the first...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

How to win the war against infringement on China’s e-commerce platforms

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In the information age, with the rapid development of the Internet, mobile Internet, big data, and other technologies, products can be promoted to the whole world without leaving your house; foreign companies can also open...more

Linda Liu & Partners

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

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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

Perkins Coie

Regift Responsibly This Holiday Season

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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

Haug Partners LLP

The Move to the Metaverse and Beyond Series: Basic Trademark and Branding Considerations

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Is it here? Not yet. But virtual performances featuring such stars as Travis Scott and Ariana Grande and attracting over 27 million unique players and 78 million viewers, respectively, suggest that it might be coming sooner...more

Weintraub Tobin

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

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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

K&L Gates LLP

Combatting the Rise in False Advertising by White-Label Manufacturers on the Internet

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Due to the rise and dominance of eCommerce and Internet marketplaces as a sales channel, many U.S. manufacturers face increasing competition from Chinese and other international companies flooding cheaper, white-label...more

Fox Rothschild LLP

USPTO Works To Fight Fraud

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Since the start of the Covid-19 pandemic, the United States Patent and Trademark Office (USPTO) has seen a surge in trademark filings by 40%, which is the greatest number of new applications in trademark history. This rise in...more

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