Generally, third parties who believe they may be harmed by a trademark registration can challenge a USPTO trademark application through the Trademark Trial and Appeal Board. However, do third parties have another avenue in challenging such applications in federal...
On October 16, 2024, The Federal Trade Commission (FTC) announced a significant update to its regulations governing negative option programs. This new “click to cancel” rule aims to make it easier for consumers to cancel a subscription or recurring payment. With the...
The Importance of Online Reviews in the Digital Age In today’s digital age, American consumers have come to trust online reviews as the modern word-of-mouth, guiding their purchasing decisions with a few swipes and clicks. From choosing the perfect restaurant to...
Here’s the scenario: Your brand has started selling on Amazon, and sales are strong. You’ve invested time and resources to build your presence, and you’re finally gaining traction. However, after some time, you begin to notice a decline in sales, and you are no longer...
The US Supreme Court granted certiorari to review the 4th Circuit's damages ruling in Dewberry Engineers v. Dewberry Group, which offers a unique examination of corporate separateness and the protection of trademarks under the Lanham Act, particularly in the context...
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...
As Amazon maintains its chokehold on ecommerce sales, the United States Consumer 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...
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 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...
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...