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Combatting the Rise in False Advertising by White-Label Manufacturers on the Internet

Due to the rise and dominance of eCommerce and Internet marketplaces as a sales channel, many U.S. manufacturers face increasing competition from Chinese and other international companies flooding cheaper, white-label...more

Resale Price Maintenance May Carry More Risk Than Originally Thought in Canada, Eh?

In a decision made public on 4 May, the Ontario Superior Court of Justice (the Court) determined that an asserted conspiracy claim concerning a price maintenance dispute should proceed to trial, despite Canada’s Competition...more

Manufacturers Must Not be Blind to Their Rights Against Counterfeiters

Willful blindness is never a defense to contributory trademark infringement or counterfeiting. This has been the standard ever since the 2010 Tiffany (NJ) Inc. v. eBay, Inc. decision when the U.S. Court of Appeals for the...more

Manufacturers Need to Mitigate Risk of Price Bias Claims

Rebates and other volume discounts are a frequent practice in businesses today. While few manufacturers recognize that pure volume discounts and other forms of rebates — unless designed and implemented properly — can run...more

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