In the world of ecommerce, Amazon commands a considerable share of online retail transactions. Its dominance influences pricing strategies and market dynamics across the virtual storefront industry. This unparalleled market position gives Amazon significant leverage...
eCommerce
Federal Government Seeks to Hold Amazon Accountable for Dangerous Products
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...
Someone is Watching You: The Complexities of Personal Jurisdiction in the Digital Age
The internet, characterized by its borderless nature, has introduced significant challenges to the traditional concepts of personal jurisdiction in federal courts. This issue was recently highlighted in the First Circuit Federal Appeals Court, where, after a Motion to...
The Perils of Not Awarding Profits in Lanham Act Cases Against Counterfeiters
The wild west of the e-commerce landscape keeps many trademark owners up at night trying to protect their brand. In the ever-expanding online marketplace, counterfeiters pop-up daily trying to make a quick buck passing off inferior products as strong household brand...
Battling Brands: The Fight For Trademark Territory
In a David vs. Goliath-esque legal saga, Rogue Fitness (ROGUE), a well-known workout products company, finds itself embroiled in a trademark dispute against Rogue Ridge LLC (Rogue Ridge), a mountain bike seller. At the heart of the matter lies the use of the term...
Unpacking Fair Use: A Legal Battle Between Sculptors and Photographers in the NFL
Earlier this year, a rare case of copyright infringement was brought against the National Football League (NFL) and the Detroit Lions over a statue of Hall of Fame player Barry Sanders. The case, filed in January in New York federal court by photographer Allen Kee,...
Is Famous Whiskey Really Famous? Exploring Brand Recognition, Trademark Dilution & Fame
Is the dripping wax seal of Maker's Mark famous? What about the Texas Longhorn Football logo – surely that's famous, isn't it? While many would say those are famous and indelible American symbols, in the area of trademark law, specifically trademark dilution, there is...
License to Infringe? Penn State Roars Over Apparel Manufacturer’s Use of Trademarks Without Permission
Collegiate merchandise licensing is a thriving and lucrative business generated by the immense popularity and widespread support for college sports teams and institutions. Universities and colleges have devoted fan bases comprising of alumni, students and supporters...
Protecting Your Brand: Strategies to Combat Unauthorized Resellers and Navigate First Sale Doctrine Challenges
In the ever-expanding landscape of e-commerce, the presence of unauthorized resellers can pose significant threats to a brand's reputation and bottom line. Brands should take a proactive approach in combatting unauthorized resellers. Understanding Unauthorized...
How To Protect Your Brand From Competitors in the New Year
The start of the new year is a pivotal time in the retail sector for re-evaluating marketing and brand protection. Unfortunately, competitors often devise innovative ways to capitalize on the marketing and sales efforts of hardworking brand owners. While shady...