News & Analysis as of

Goods or Services E-Commerce

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

Troutman Pepper

EDVA Judge Invalidates Arbitration Clause in Online Terms and Conditions

Troutman Pepper on

In a recent decision, EDVA Judge Rossie Alston invalidated the arbitration clause in the terms and conditions for online sales through the Lowe’s Home Centers website on the grounds that the terms and conditions were illusory...more

Environmental General Counsel PC

Taking Stock of the EPR Packaging Laws: Minnesota's New Program

Minnesota just joined the roster of states with extended producer responsibility (“EPR”) packaging programs, and New York and Illinois are evaluating similar legislation. Meanwhile, states with more established programs are...more

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

2023 ITC Section 337 Year in Review: Analysis & Trends: Looking Beyond Inventory Numbers to Secure a Cease and Desist Order

The Commission may grant a cease and desist order (“CDO”) when it finds a violation of Section 337. See 19 U.S.C. 1337(f)(1). Historically the Commission would grant a CDO upon a showing that a respondent had a “commercially...more

K&L Gates LLP

Update - UAE Consumer Protection and E-Commerce Laws

K&L Gates LLP on

The United Arab Emirates (UAE) has emerged as one of the regional leaders in adopting and developing a robust information technology and internet infrastructure to accommodate the steep demand in e-commerce and digital...more

Venable LLP

FTC Releases Proposed Rule Targeting “Junk” Fees

Venable LLP on

This week, the Federal Trade Commission (FTC) released a Proposed Rule, “Rule on Unfair or Deceptive Fees.” The Proposed Rule comes after the FTC solicited comments through its Advance Notice of Proposed Rulemaking in...more

Stikeman Elliott LLP

Don’t Miss Out! Competition Bureau Releases New Deceptive Marketing Guidance

Stikeman Elliott LLP on

The Competition Bureau published its sixth volume of the Deceptive Marketing Practices Digest on April 17. The latest edition looks at the use of fake scarcity cues in online marketplaces and provides an update on drip...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

K&L Gates LLP

France: New Requirements Concerning the Sale of Digital Goods

K&L Gates LLP on

On 29 June 2022, Decree n° 2022-946 (the Decree) supplemented the regulatory framework resulting from the Ordinance n° 2021-1247 of 29 September 2021 on the legal warranty of conformity for goods, digital content, and digital...more

Miller Nash LLP

A Non-U.S. Company’s Guide to Doing Business in the U.S.: A Playbook for Accessing the U.S. Market

Miller Nash LLP on

For decades, the United States (U.S.) has boasted the largest economy in the world and the largest market for imported goods. This article discusses basic strategies non-U.S. companies use to enter the U.S. market. Other...more

Dechert LLP

Dechert Cyber Bits - Issue 13

Dechert LLP on

EU Institutions Reach Political Agreement on the Digital Services Act - On April 23, 2022, European legislators achieved political agreement on the Digital Services Act (“DSA”). Together with the recently agreed Digital...more

Morgan Lewis

German Federal Parliament Passes Sweeping New Rules on Selling Digital Products to Consumers

Morgan Lewis on

A new contract type has been introduced in the German Civil Code for the supply of digital content or services by companies to consumers in Germany: The German Federal Parliament has added 22 new sections (337-327u) on the...more

Hogan Lovells

The sales law update at the beginning of the year - The update obligations according to §§ 475 b, c German Civil Code ("BGB)

Hogan Lovells on

In implementation of the Sales of Goods Directive (Directive 2019/771/EU of May 20, 2019, "WKRL") and the Digital Content and Services Directive (Directive 2019/770 (EU), "DIDRL"), a comprehensive reform of the BGB came into...more

Hogan Lovells

Das Kaufrecht-Update zum Jahresbeginn – Die Update-Pflichten nach §§ 475 b, c BGB

Hogan Lovells on

In Umsetzung der Warenverkaufsrichtlinie (Richtlinie 2019/771/EU vom 20. Mai 2019, „WKRL“) sowie der Richtlinie über digitale Inhalte und Dienstleistungen (Richtlinie 2019/770 (EU), „DIDRL“) erhalten insbesondere digitale...more

Proskauer - New Media & Technology

In the Coming ‘Metaverse’, There May Be Excitement but There Certainly Will Be Legal Issues

The concept of the “metaverse” has garnered much press coverage of late, addressing such topics as the new appetite for metaverse investment opportunities, a recent virtual land boom, or just the promise of it all, where...more

Hogan Lovells

Neue Regelungen für digitale Produkte

Hogan Lovells on

Der Bundestag hat am 25.06.2021 das „Gesetz zur Umsetzung der Richtlinie über bestimmte vertragsrechtliche Aspekte der Bereitstellung digitaler Inhalte und digitaler Dienstleistungen“ beschlossen. Das Gesetz setzt die...more

Proskauer - Minding Your Business

Online Marketplaces Could Expose Third-Party Sellers to Price Gouging Liability

On July 2, 2021, a group of consumers filed a putative class action in Washington District Court alleging Amazon engaged in unlawful price gouging during the COVID-19 pandemic on a variety of products. The case is noteworthy...more

Kramer Levin Naftalis & Frankel LLP

Retail Price Maintenance: Dammann Frères Fined for Imposing Online Sale Price of Tea to Its Retailers

In Decision No. 20-D-20 issued on Dec. 3, 2020, the French Competition Authority fined the tea producer Dammann Frères €226,000 for forbidding its retailers to freely determine their own online resale prices for Dammann...more

Morgan Lewis - Tech & Sourcing

Information Requirements for Online Traders in the UK and European Union

Traders selling goods, services, and/or digital content online to consumers in the United Kingdom and the European Union need to comply with laws requiring the provision of certain information as part of the sales process....more

Hogan Lovells

Augmented reality and e-commerce: IP implications of a powerful alliance

Hogan Lovells on

This year, the pandemic forced brands to reinvent themselves to stay virtually close to customers. A surprisingly high number of companies quickly turned to augmented reality ("AR"), recognizing the strong power of this...more

Hogan Lovells

Beyond Brexit transition – VAT on cross-border movement of goods

Hogan Lovells on

Businesses moving goods to or from Great Britain will face new compliance burdens. EU businesses making sales to UK customers may have to register for UK VAT for the first time....more

Polsinelli

Crack in the Dam that Shields Online Retail Platforms from Liability for Defective Products from Third-Parties

Polsinelli on

On August 13, 2020, in a case involving an Amazon customer injured by a defective battery purchased online, the California Court of Appeal overturned a trial court ruling that had determined Amazon was a mere provider of...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l June 2020

SPOTLIGHT - COVID-19 Brings Price-Gouging Litigation To California - California often serves as an incubator for litigation that thereafter sweeps across the country. This phenomenon may hold true for newly minted...more

Goulston & Storrs PC

Coronavirus: Impact on the Retail Industry

Goulston & Storrs PC on

Coronavirus Disease 2019 or “COVID-19” continues to dominate national and international discussion. News outlets in Boston, New York, London, Mumbai, Rio de Janeiro, Tokyo, and every other city and town in the world continue...more

Goulston & Storrs PC

An Unintended Interruption to the Global Supply Chain

Goulston & Storrs PC on

The current outbreak of COVID-19 (the coronoavirus) will be a test of the global supply chain’s strength in the face of unintended interruptions, and can be a lesson on building-in supply-chain contingency plans.  As a result...more

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