Over the last decade, Schedule A lawsuits have become a central enforcement mechanism for brand owners seeking to combat the surge of online counterfeiting and infringement. These cases—most commonly filed in the Northern District of Illinois for historically positive...
Brand Enforcement
Peanut Butter, Jelly & Litigation: Smucker’s Uncrustables Versus Trader Joe’s Crustless Sandwiches
In a lawsuit about sandwiches, the legal implications are anything but soft, and the stakes are high. The J.M. Smucker Company filed a federal lawsuit against Trader Joe’s, alleging that the grocery chain’s crustless peanut butter and jelly sandwiches infringe on...
Can My Business Sue Over Negative or Fake Online Reviews?
Online reviews can make or break a business. A stream of positive comments can boost visibility, attract new customers, and build trust. On the other hand, a single harsh or fake review can tarnish a company’s reputation overnight. In today’s digital age, where...
Our Value is Brand Value: Combating Unauthorized Resellers
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...
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...
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...
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...