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...
eCommerce
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...
Brand Developments to Look for in 2020
By David Posteraro The Supreme Court this past week agreed to hear two trademark cases next term. In Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc., the Court will decide “whether, when a plaintiff asserts new claims, federal preclusion principles can bar...
Federal Trademark Law Is About to Get F-U-C-T
By: Kyle Hutnick and David Posteraro The US Supreme Court on Monday struck down a provision of the federal trademark statute that prohibited the registration of “immoral” or “scandalous” trademarks for violating the First Amendment. The case is Iancu v. Brunetti and...
The Lights Are on but Nobody’s Home: Fake Listings on Google Maps and Google Business Listings Can Bring Your Brand Down
By David Posteraro “Nothing succeeds like address.” - Fran Lebowitz “There is no there there.” - Gertrude Stein, “Everybody’s Autobiography” Building a brand, creating brand acceptance, and engendering brand loyalty takes time, talent, effort and expense. In an...
How One Manufacturer Thought Outside the Box to Stop Unauthorized Resellers
A recent federal court decision serves as another reminder to manufactures and brands of the importance and benefits of reseller and distribution agreements. These types of agreements govern the relationship between a manufacturer of goods and the reseller of those...
Even When You Use It, You Can Lose It: The Case of the Carpet
By David Posteraro "Camp is a vision of the world in terms of style – but a particular kind of style. It is the love of the exaggerated, the “off”, of things-being-what-they-are not." - Susan Sontag, Notes on ‘Camp’ In the United States, brand owners acquire common...
Is Your House in Order? Building the Foundation for Actionable Brand Enforcement
You’ve spent years perfecting your products, cultivating trusted suppliers overseas, and establishing your supply chain. You’ve invested thoughtfully in marketing and taken steps to build your brand in the global, e-commerce marketplace. Perhaps you have even...