The ever-growing ecommerce market continues to present new opportunities for brands. But with those new opportunities comes additional challenges in preventing the unauthorized resale of products online. In the past, unauthorized resellers relied heavily on ecommerce...
Content By Kyle D. Stroup
Amazon’s “Buy Box” Legally Boxes Out the Competition
On March 20, 2025, the Ninth Circuit Court of Appeals affirmed a district court’s order to dismiss a consumer antitrust lawsuit filed against Amazon. In the lawsuit styled Hogan v. Amazon.com, Inc., the consumer-plaintiffs alleged that Amazon forced third-party...
The Hidden Impact of Tariffs: Why Brands Must Strengthen Online Enforcement Efforts
In today’s volatile global trade environment, tariffs have become a double-edged sword for brands. Intended to protect domestic industries, tariffs often lead to unintended consequences that pose significant challenges for brand owners—especially in the online...
The City of Cleveland and State of Ohio Fight to Enforce the Modell Law and Block the Browns’ Move to Brook Park
This week, the City of Cleveland (the City) and the State of Ohio (the State) took several key actions in the battle to prevent the Cleveland Browns from relocating to a domed facility in Brook Park, Ohio. On January 14, 2025, the City filed a lawsuit in the Cuyahoga...
Breach of Trust? Baker Mayfield Sues Father in $12 Million Business Dispute
On November 22, 2024, NFL star Baker Mayfield, his wife Emily Mayfield, and their business entity Team BRM, LLC (collectively, “Plaintiffs”), filed a lawsuit in the United States District Court, Western District of Texas, against several businesses owned or operated...
We All Scream for Ice Cream: DMCA Exemption Enables Repairs of McDonald’s Ice Cream Machines
A new exemption to the Digital Millennium Copyright Act (DMCA) allows McDonald’s employees, franchise owners, and others to fix McDonald’s often out-of-order ice cream machines. Prior to this exemption, most McDonald’s ice cream machines could be fixed only by the...
Copycats or Common Trends? Legal Battle Between Influencers Over “Clean Girl” Aesthetic
A recent lawsuit in Texas highlights the challenges social media influencers face in protecting their intellectual property. Sydney Nicole Gifford, a well-known influencer, claims that Alyssa Sheil copied her “vibe,” – specifically her “clean girl” aesthetic...
The Cleveland Browns’ Battle Over Ohio’s Modell Law and Future Stadium Plans
On October 24, 2024, the Cleveland Browns filed a preemptive lawsuit in the United States District Court, Northern District of Ohio, seeking a declaratory judgment to strike down Ohio’s "Modell Law" as unconstitutional. Such a declaration may permit the Browns to move...
Betting on Trump or Harris? US Federal Court of Appeals Says That’s Ok, For Now
Earlier this week, the financial services company Robinhood, which caters to retail investors, rolled out its derivative market for trading on the outcome of the upcoming United States presidential election. These trades are an example of “event derivative trading,”...
Federal Government Seeks to Hold Amazon Accountable for Dangerous Products
As Amazon maintains its chokehold on ecommerce sales, the United States Consumer 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...