Increasingly, manufacturers and brands are implementing a minimum advertised price policy (or a MAP policy) for the resale of their products. In its most basic form, a MAP policy is simple – it is a policy that governs the minimum price at which a reseller may...
eCommerce
Ars Ex Machina: Copyrights and Artificial Intelligence
By David Posteraro and Alex Welsh We are at or near an inflection point where the computer programs we use to create are no longer tools or instruments of the author, but arguably authors themselves. So, who owns the copyright on computer-generated works? This is not...
As Deadly and Blacklisted Products Plague Amazon, Congress Demands Answers
By Kyle Hutnick A recent Wall Street Journal investigation uncovered 4,152 items for sale on Amazon that were either deceptively labeled, or outright banned by federal regulators. Among those thousands of products, 150 were already flagged and placed on Amazon’s...
Ariana Grande Sues Forever 21 Over “Look-Alike” Ad Campaign: Update to Celebrity Endorsements and the Right of Publicity
By David Posteraro Look at my neck, look at my jet Ain't got enough money to pay me respect And, Ariana is demanding that a major retailer respect her intellectual property rights to the tune of $10 million. A week after we wrote about the brand risks of unauthorized...
You’re as Safe as Your (Trade) Secrets
By Alexis Preskar Trade secrets may seem like something only major companies have for exciting and well-known products, like the recipe for Coke. In reality, trade secrets are common among businesses large and small and across many product areas. The Ohio Trade Secret...
Celebrity Endorsements and the Right of Publicity: Brand Risks of Endorsements
By David Posteraro "In the past if someone was famous or notorious, it was for something—. . . for some talent or distinction or abomination. Today one is famous for being famous." - Malcolm Muggeridge, Muggeridge Through The Microphone "In the future, everyone will...
Register Your ©opyrights!
By David Posteraro and Alex Welsh You already know the value of your intellectual property. But are you doing everything you should to protect it? Not if you don’t proactively register your copyrights! As part of your overall brand protection strategy, a regime of...
Changes for Amazon Sellers: One Investigation Into Its Business Practices Concludes; Another Begins
By David Posteraro Changes are coming for Amazon sellers worldwide. On August 16th, updates to Amazon's Business Solutions Agreement (“BSA”) will take effect. The changes, summarized below, are the result of a year-long process with German regulators. Background. In...
Amazon May Soon Be Cracking Down on Unauthorized Resellers
The Third Circuit recently ruled that Amazon could be held liable for defective products sold by the third-party sellers on Amazon.com. This is particularly noteworthy because not only does it mark the first court to find Amazon liable for products sold by third-party...
As Crowds Gather for the 2019 All-Star Game, Will “The Chief” Make an Appearance?
By Kyle Hutnick In January, 2019, the Cleveland Indians announced their epic decision to remove the Chief Wahoo logo from the team’s uniforms beginning in the 2019 season. But if you thought that was the end of “the Chief,” think again. It is well known that the Chief...