In the ever-evolving landscape of ecommerce, businesses often face challenges maintaining control over distribution, preserving brand integrity and complying with antitrust laws. Two key aspects that arise in this context are Do Not Sell Lists, which are sometimes...
Content By Alex E. Jones
Safeguard Your Brand from Unauthorized Resellers: Overcoming the First Sale Doctrine
Unauthorized Sellers are a growing and ubiquitous problem for brands selling their goods on eCommerce marketplaces, such as Amazon, eBay, and Walmart. Unauthorized resellers sell products without the brand’s authorization or consent, which hurts a company’s brand,...
Is Your Business Ready for the Corporate Transparency Act?
Is Your Business Prepared for the Corporate Transparency Act? As we move into the second half of the year, it is increasingly important for your business to start preparing for the Financial Crimes Enforcement Network’s (FinCEN) rollout of the Corporate Transparency...
What is the Status of the Corporate Transparency Act’s Rollout of its Online Database?
With half of 2023 behind us, and the Corporate Transparency Act (CTA) set to become effective on Jan. 1, 2024, there remain a number of open issues with respect to the implementation of the CTA. By way of background, and at its core, the CTA requires certain...
Considering Your Audience for Cease-and-Desist Letters
So, you’ve identified a party infringing on your brand’s intellectual property rights, and in response, you issue a cease-and-desist letter to the infringer. What you say in that letter is just as important as how you say it. Today, more and more recipients of...
Spring-Time Brand Preparations
As spring comes into bloom, brands should begin planning and preparing for the not-so-far-off holiday season. Right now, a brand has approximately six months to strengthen its presence in ecommerce marketplaces until the holiday shopping season begins. In addition to...
The DMCA Subpoena Remains Invaluable
When tackling the problem of unauthorized resellers on Amazon.com and other e-commerce websites, one of the biggest hurdles faced by brands is unearthing a reseller’s identity. Resellers are able to hide behind DBA’s, various storefront names and other shell entities,...
Corporate Transparency Act Revisited: Timeframes
We have made it to Part 3 of our three-part series on the Corporate Transparency Act’s final rule. The Financial Crimes Enforcement Network (FinCEN) released the final rule on Sept. 30, 2022. This article covers important timeframes to keep in mind as the rule rolls...
More Than Just Unauthorized Sales: Scammers are Creating Whole New Websites
We have written extensively about the problem of unauthorized resellers. These are resellers that source a company’s products (whether legitimately or illegitimately) and then resell those products on eCommerce websites such as Amazon, eBay and Walmart. Often, these...
Corporate Transparency Act Revisited: Reporting Requirements and Exemptions
On Sept. 30, 2022, the Financial Crimes Enforcement Network (FinCEN) released a final rule related to the Corporate Transparency Act (CTA). In Part 1 of our refreshed, three-part series of articles on the CTA, we covered FinCEN’s new guidance on the beneficial...