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...
eCommerce
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...
OtterBox Combats Unauthorized Sellers and Counterfeits on Amazon
The Impact of E-Commerce Revolution The rise of e-commerce has revolutionized the way we shop, making it easier than ever to access a wide range of products from the comfort of our homes. While this convenience has brought countless benefits, it has also given rise to...
Amazon Enacts Policies to Combat Fake Reviews that are Misleading Consumers
The third-party seller marketplace has exploded over recent years, as sales have risen by over 900% from what they were back in 2014. In fact, in 2022, Amazon's largest revenue segment was online retail product sales with roughly 220 billion U.S. dollars in global net...
How To Protect Your Brand From Competitors This Holiday Season
The holiday season is a pivotal time in the retail sector in both in-store and online forms, presenting retailers with key opportunities to boost revenue. As consumers shop year-end sales, competitors continuously find innovative ways to capitalize on the marketing...
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...