As Amazon maintains its chokehold on ecommerce sales, the United States Product Safety Commission (CPSC) is attempting to reclassify Amazon as a distributor of goods. If successful, this would expose Amazon to liability for third-party products sold on the Amazon...
Content By Kyle D. Stroup
A $13.85 Million NIL Deal Gone Wrong: Jaden Rashada Sues University of Florida
On May 21st, Jaden Rashada, a former top college football prospect, filed a lawsuit against prominent figures associated with the University of Florida (UF) football program, including UF coach Billy Napier, because of a failed name, image, and likeness (NIL) deal....
Ohio Liquor Permit Primer
Key Takeaways: Ohio issues three tiers of liquor permits to accommodate different businesses and establishments. A person/business can have only one permit per tier at a time for either manufacturing, wholesale distribution, or retail businesses. While the types of...
FTC Sues Amazon Over Its Monopoly Power
The Federal Trade Commission (FTC) has reinforced its aggressive stance on enforcing antitrust laws by filing a federal lawsuit against Amazon on September 26, 2023. Seventeen other states have also joined in this legal action against Amazon. Per the FTC, “Amazon’s...
Creating a Do Not Sell List? Be Mindful of Antitrust Laws
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...
Supreme Court to Examine Free Speech Limits in “TRUMP TOO SMALL” Trademark Case
The intersection of free speech and private business branding is once again in front of the Supreme Court of the United States. On June 5th, the Supreme Court decided to hear Vidal v. Elster, Case 22-704, an appeal from the Federal Circuit. At issue in Vidal is the...
Amazon Prime’s Ongoing Battle Against Fake Reviews
E-commerce juggernaut Amazon continues to grapple with an issue that has plagued its platform—false reviews. Whether a false review is fabricated, biased, or does not genuinely reflect the experiences or opinions of customers, false reviews pose a problem for both...
Supreme Court to Chew on First Amendment Protections in Jack Daniels v. Bad Spaniels: Are Parodies Protected Speech or Trademark Infringement?
Creative expression through the sale of parody-based dog toys has recently caught the attention of the United States Supreme Court. On March 22, 2023, the Supreme Court listened to arguments to decide whether dog toys modeled after well-known alcohol brands should be...
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 issued 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...