Podcast: The Briefing - Shedding Light on ‘Willful Blindness’: Brandy Melville v Redbubble
The Briefing: Shedding Light on ‘Willful Blindness’: Brandy Melville v Redbubble
Law Brief®: Mark Rosenberg and Richard Schoenstein Discuss Online Distribution Leakage
Nota Bene Episode 125: What are Non-Fungible Tokens (NFTs) and Are They Here to Stay? with James Gatto
Italy has adopted Legislative Decree No. 78/2026 ("Decree"), in force since May 16, 2026, which strengthens product-safety enforcement and further operationalizes the EU General Product Safety Regulation ("GPSR") across...more
The UK FTT considered whether HBS Enterprises Ltd (HBS), a UK-based seller had to account for VAT on sales made through an online marketplace where some transactions had been incorrectly treated by the platform as falling...more
Contributory copyright liability for e-commerce platforms is in flux after the Supreme Court's recent ruling in Cox Communications, Inc. v. Sony Music Ent, 146 S. Ct. 959 (2026). The decision narrows years of precedent...more
If agentic commerce is going to work at scale, the market has to solve more than authentication, aka the “identity problem,” as we posited in part two of this series exploring the six fault lines of agentic commerce....more
President Donald Trump on March 13, 2026, signed Executive Order (EO) 14392, "Ensuring Truthful Advertising of Products Claiming to be Made in America," directing the Federal Trade Commission (FTC) to prioritize enforcement...more
WHAT: On March 13, 2026, the Trump Administration issued an Executive Order (EO) aimed at ensuring products advertised as “Made in America” or “Made in the USA” are actually made in the United States. Implementation of the EO...more
Businesses operating in Spain must provide clear, accurate and accessible information on prices, products, delivery terms, personalised offers, search results, and consumer reviews. Failing to do so may be considered a...more
The US Court of Appeals for the Second Circuit affirmed dismissal of a photographer’s Digital Millennium Copyright Act (DMCA) claims against a digital media platform for lack of scienter but vacated summary judgment on...more
On 2 December 2025, the Court of Justice of the European Union (CJEU) ruled that operators of online marketplaces can be held legally responsible for how personal data is handled on their platforms — even when the data is...more
In today’s hyper-connected digital marketplace, a brand’s reputation is among its most valuable – and most vulnerable – assets. As commerce increasingly shifts online, counterfeiters and intellectual property infringers have...more
On December 2, 2025, the Court of Justice of the EU (CJEU) in X v Russmedia Digital SRL (C-492/23), ruled that the operator of an online marketplace, as a data controller, is responsible for the processing of personal data...more
On December 2, 2025, the Court of Justice of the European Union (CJEU) delivered a landmark judgment in Case C‑492/23, which could reshape the compliance obligations of online platforms in Europe. The Court ruled that...more
Over the last decade, Schedule A lawsuits have become a central enforcement mechanism for brand owners seeking to combat the surge of online counterfeiting and infringement. These cases—most commonly filed in the Northern...more
The UK’s antitrust and consumer agency—the Competition and Markets Authority (CMA)—has announced its first enforcement actions under the country’s new consumer protection regime. On November 18, 2025, the CMA opened eight...more
Audi of America is an operating unit of Volkswagen Group of America, Inc., which enforces the trademark rights of Audi. AUDI® and AUDI FOUR RINGS LOGO® are registered trademarks that they will enforce. They also have trade...more
Over the last six months, the convergence of artificial intelligence, gaming, and the metaverse has produced a flood of innovation that is redefining brand engagement and generating a new surge of legal disputes....more
The Federal Trade Commission (FTC) has made clear that youth-focused social apps are a priority. On September 27, the FTC filed a complaint in the Central District of California against Iconic Hearts Holdings, the company...more
The first enforcement action under the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (INFORM Consumers Act) has been brought with important implications for companies operating online...more
In recent years, there has been an increase in class action lawsuits alleging that companies are using artificially inflated “list” or “strikethrough” prices to mislead consumers into thinking they are getting a better deal...more
MICROTECH KNIVES, INC. v. OUTDOORS ONLINE, LLC AND JON JANECEK - Before: The Honorable Victoria Marie Calvert - The district court granted summary judgment to defendant, an online marketplace accused of contributory trademark...more
Online shopping is here to stay, and so are trademark concerns for e-commerce shopping platforms. However, platforms and service providers lack clear precedent on when they are responsible for trademark infringing activities...more
More than two years after the Integrity, Notification, and Fairness in Online Retail Marketplaces (INFORM) for Consumers Act took effect on June 27, 2023, the United States, on behalf of the Federal Trade Commission (FTC),...more
Earlier this month, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) together announced a settlement with Whaleco, Inc., the operator of Temu, over allegations that the online marketplace violated the...more
The Federal Trade Commission's recent $2 million settlement with Whaleco Inc.—the operator of the online marketplace Temu—marks the first enforcement action under the INFORM Consumers Act. It signals a clear message from the...more