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...
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...
Unauthorized Sellers are a growing and ubiquitous problem for brands selling their goods on eCommerce marketplaces, such as Amazon, eBay, and Walmart. Unauthorized resellers sell products without the brand’s authorization or consent, which hurts a company’s brand,...
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...
Whether you operate a large e-commerce company on Amazon, a specialized artisan store on Shopify or Etsy, or a local t-shirt company, all brands producing products resembling famous marks should consider the implications of the seminal Supreme Court ruling in Jack...
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...
The advent of online shopping has revolutionized consumer behavior, offering convenience, a wide range of products, and competitive prices. However, one notable concern has been the inconsistency in the collection of sales taxes, with online sellers often enjoying a...
Amazon has been at war with unscrupulous actors and a new contender just entered the battlefield. An examination of various sites reveals the presence of AI-generated reviews. These reviews consistently incorporate the statement "As an AI language model," a frequently...
So, you’ve identified a party infringing on your brand’s intellectual property rights, and in response, you issue 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...
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...