In today’s ecommerce-driven economy, brand owners face a relentless challenge: unauthorized resellers who flood online marketplaces with products that undermine brand value, confuse consumers and compromise quality standards. These resellers may operate in gray areas...
eCommerce
L.A.B. Golf and Lululemon’s Costco Membership May Be Expired: How Costco is Highlighting Challenges Faced by Brands
Costco Wholesale, known for its sales model which provides a wide array of products at significant discounts to its members, is facing allegations from Lululemon and L.A.B. Golf regarding unauthorized sales and product imitations. Lululemon, a premium athletic apparel...
Robinson-Patman Liability: Diminished But Not Dead
After decades of dormancy, the Robinson-Patman Act (RPA), returned to the forefront of antitrust enforcement in early 2025—only to stumble swiftly. The RPA is an antitrust law that, at its core, prevents price discrimination among buyers that could harm competition....
Walmart Permits Amazon’s Multi-Channel Fulfillment Services: Implications for Brands
Walmart recently updated its shipping and fulfillment policies to permit its third-party merchants to use Amazon’s Multi-Channel Fulfillment (“MCF”) when fulfilling orders placed through Walmart’s marketplace. With this critical change, Walmart is enabling sellers to...
TikTok on the Clock: Brands Should Begin Monitoring TikTok for Unauthorized Resellers
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...
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...
Personal Jurisdiction over Foreign Companies in the eCommerce Space
In a significant development for businesses in the eCommerce space, the U.S. Supreme Court has declined to review the Second Circuit's decision in Zembrka v. American Girl LLC, a case that allowed for the exercise of personal jurisdiction over a foreign company...
Turning Back Time: The Discovery Rule and Defamation Statue of Limitations
Online content and reputations are vital assets for businesses in the digital age. Companies rely on them as an essential part of their brand image, which in turn influences customer trust, sales, and overall growth. A positive online presence ideally leads to higher...
An Influencer’s Guide to Contracts: Key Terms you Can’t Ignore
The digital age has rocketed content creators to the forefront of entrepreneurship. Content creators often do more than create content; they build lucrative online presences that serve as platforms for diverse businesses. So many content creators use this platform to...