News & Analysis as of

Online Marketplace Counterfeiting

Kelley Drye & Warren LLP

Staying INFORMED: Updates Regarding State INFORM Acts

On June 27, 2023, the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (INFORM Act) went into effect. As we have previously written, the INFORM Act aims to deter criminals from selling...more

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

Knobbe Martens

A Discussion With Amazon Counterfeit Crimes Unit’s Joe Wheatley: How Amazon Finds Bad Actors and Removes Counterfeit Products

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In this inaugural episode of the Knobbe IP+ podcast, Knobbe Martens partner Greg Phillips speaks with Joe Wheatley, Senior Counsel, Amazon Counterfeit Crimes Unit, about how the Counterfeit Crimes Unit searches the Amazon...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

Foley & Lardner LLP

Growing Infringement of OEM IP Rights on Online Marketplaces

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Sales of consumer products through online marketplaces have been commonplace for years and account for a significant portion of the total consumer products marketplace. Sellers of industrial products such as replacement...more

Clark Hill PLC

What To Know About the New “INFORM Consumers Act”

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Over the past decade, counterfeit goods have become a persistent issue with respect to those involved in the e-commerce business. Counterfeit products, which can be sold as an identical copy or a cheap imitation that looks...more

AEON Law

Patent Poetry: Ninth Circuit: Specific Knowledge Needed to Prove Contributory Trademark Infringement

AEON Law on

The US Court of Appeals for the Ninth Circuit has found that specific knowledge is required for liability in a case of contributory trademark infringement. The case is Y.Y.G.M. SA, DBA Brandy Melville v. Redbubble, Inc.,...more

Rivkin Radler LLP

Counterfeiting Headaches Aren’t Just for High Fashion Retailers and Designers Anymore.

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There was a time, not all that long ago, where counterfeiting of consumer goods was largely a problem afflicting high fashion designers, such as Prada, Gucci and Versace. Expensive high-end accessories such as Rolex watches,...more

McDermott Will & Emery

Burst That Bubble: Specific Knowledge Necessary to Prove Contributory Trademark Infringement

The US Court of Appeals for the Ninth Circuit addressed contributory trademark infringement for the first time, finding that specific knowledge is required for liability to attach. Y.Y.G.M. SA, DBA Brandy Melville v....more

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

MarkIt to Market® - July 2023: INFORM ACT: What Brands Need to Know

In today’s digital world, online marketplaces have become hotspots for organized crime, particularly relating to the sale of stolen and counterfeit goods by third-party sellers. These fraudulent sales mislead consumers, cost...more

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

MarkIt to Market® - July 2023

Thank you for reading the July 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we continue our three-part series that closely examines ways to lose trademark rights with a discussion of genericide. We...more

Troutman Pepper

EDVA Judge Holds That a Temporary Restraining Order Ends at the Close of Business on the Day of Expiration

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Following up on our post on obtaining temporary restraining orders and preliminary injunctions in the EDVA, a recent decision by an EDVA judge clarifies that a motion to extend a temporary restraining order (TRO) filed after...more

Hogan Lovells

INFORM Consumers Act - Guidance & Enforcement

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The INFORM Consumers Act (“INFORM Act”), which went into effect on June 27, 2023, is aimed at increasing the transparency of online marketplaces so that consumers can verify who they are purchasing goods from. The penalty for...more

McCarter & English, LLP

INFORM Consumers Act: Let the Sun Shine on the Online Marketplace

Are you facing the frustration (and cost) of playing whack-a-mole with counterfeit and infringing products on Amazon and other online marketplaces? If so, the newly enacted INFORM Consumers Act could be a major new tool in...more

Miller Nash LLP

The FTC Is INFORMing Businesses That It Plans to Enforce This E-commerce Act

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You may have missed it, but the Federal Trade Commission (FTC) hasn’t. On June 27, 2023, the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (the INFORM Consumers Act) is live and...more

Kelley Drye & Warren LLP

Compliance with the INFORM Consumers Act – Find Resources Here

As we’ve written here, a brand new law governing online marketplaces and sellers takes effect TODAY, Tuesday, June 27. The new law (the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act, or...more

Winthrop & Weinstine, P.A.

INFORM Consumers Act Requirements

Retailers, manufacturers, and online marketplaces – are you ready to INFORM your customers?  On June 27, 2023, online marketplaces and “high-volume third party sellers” must comply with the new federal statute – the...more

Orrick, Herrington & Sutcliffe LLP

FTC notifies online marketplaces about INFORM Consumers Act compliance requirements

On June 20, the FTC sent 50 letters to online marketplaces nationwide notifying them of their obligation to comply with the INFORM Consumers Act (the “Act”) set to take effect on June 27. The Act “imposes obligations on...more

Morgan Lewis

No Leniency for Marketplaces Says FTC: INFORM Consumers Act Takes Effect June 27

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The Federal Trade Commission (FTC) has signaled its plans to move swiftly and vigorously against online marketplaces that are not compliance ready for the Integrity, Notification, and Fairness in Online Market Retail...more

BakerHostetler

Watch Out for Common Law Users in Online Enforcement

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Many consumer product brands seek to enroll in online enforcement programs, for example, Amazon Brand Registry and eBay VeRO. These consumer product brands often experience online infringement and counterfeiting issues, so...more

Gibney Anthony & Flaherty, LLP

INFORM ACT Takes Effect June 27: What Businesses Need to Know

The Federal Trade Commission (FTC) announced the INFORM Act will take effect on June 27. Businesses with an online presence should understand what the new law means and how to prepare to avoid penalties. See Gibney’s prior...more

Venable LLP

New Law Regulating Online Marketplaces Will Impact Sellers, Too

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Starting June 27, operators of online marketplaces will need to comply with a new federal statute, the Integrity, Notification, and Fairness in Online Market Retail Marketplaces for Consumers Act or INFORM Act. The...more

Gibney Anthony & Flaherty, LLP

Amazon Launches Anti-Counterfeiting Exchange to Combat Online Counterfeits in the Retail Industry

On April 20, 2023 Amazon launched the Anti-Counterfeiting Exchange (ACX) to combat the sale of counterfeit goods on its platform and make it safer for consumers to shop online. WHAT IS THE ANTI-COUNTERFEITING EXCHANGE...more

Neal, Gerber & Eisenberg LLP

INFORM Act Aimed to Curb Online Sales of Counterfeit Goods

On December 29, 2022, Congress passed the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (the “INFORM Consumers Act”). This Act creates obligations for online marketplaces directed at...more

Troutman Pepper

Etsy Targeted Over Sale of Counterfeit Products

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U.S.-based international trade group Cashmere and Camel Hair Manufacturers Institute (CCMI) recently filed a lawsuit against global online marketplace Etsy, Inc. in U.S. District Court for the District of Massachusetts for...more

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