News & Analysis as of

Counterfeiting Online Marketplace Intellectual Property Protection

Gibney Anthony & Flaherty, LLP

Bipartisan Bill Introduced to Combat Counterfeit Imports

Senators Chuck Grassley (R-Iowa) and Maggie Hassan (D-N.H.) introduced bipartisan legislation to detect and combat counterfeit and pirated imports. Companion legislation is also being introduced in the House by Reps. Blake...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Design Patent Enforcement in Online Marketplaces

Global E-commerce platforms continue to grow, with many online marketplaces replacing traditional brick-and-mortar stores. While online marketplaces help legitimate products reach consumers more widely than brick-and-mortar...more

Knobbe Martens

A Discussion With Amazon Counterfeit Crimes Unit’s Joe Wheatley: How Amazon Finds Bad Actors and Removes Counterfeit Products

Knobbe Martens on

In this inaugural episode of the Knobbe IP+ podcast, Knobbe Martens partner Greg Phillips speaks with Joe Wheatley, Senior Counsel, Amazon Counterfeit Crimes Unit, about how the Counterfeit Crimes Unit searches the Amazon...more

Gibney Anthony & Flaherty, LLP

Modified SHOP SAFE Act Introduced to Combat Anticounterfeiting

On September 28, 2023, Senators Chris Coons (D-Del.) and Thom Tillis (R-N.C.) introduced the Stopping Harmful Offers on Platforms by Screening Against Fakes in E-Commerce (SHOP SAFE) Act. This bill is being introduced in...more

Foley & Lardner LLP

Growing Infringement of OEM IP Rights on Online Marketplaces

Foley & Lardner LLP on

Sales of consumer products through online marketplaces have been commonplace for years and account for a significant portion of the total consumer products marketplace. Sellers of industrial products such as replacement...more

McDermott Will & Schulte

Burst That Bubble: Specific Knowledge Necessary to Prove Contributory Trademark Infringement

The US Court of Appeals for the Ninth Circuit addressed contributory trademark infringement for the first time, finding that specific knowledge is required for liability to attach. Y.Y.G.M. SA, DBA Brandy Melville v....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - July 2023: INFORM ACT: What Brands Need to Know

In today’s digital world, online marketplaces have become hotspots for organized crime, particularly relating to the sale of stolen and counterfeit goods by third-party sellers. These fraudulent sales mislead consumers, cost...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - July 2023

Thank you for reading the July 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we continue our three-part series that closely examines ways to lose trademark rights with a discussion of genericide. We...more

McCarter & English, LLP

INFORM Consumers Act: Let the Sun Shine on the Online Marketplace

Are you facing the frustration (and cost) of playing whack-a-mole with counterfeit and infringing products on Amazon and other online marketplaces? If so, the newly enacted INFORM Consumers Act could be a major new tool in...more

Gibney Anthony & Flaherty, LLP

Amazon Launches Anti-Counterfeiting Exchange to Combat Online Counterfeits in the Retail Industry

On April 20, 2023 Amazon launched the Anti-Counterfeiting Exchange (ACX) to combat the sale of counterfeit goods on its platform and make it safer for consumers to shop online. WHAT IS THE ANTI-COUNTERFEITING EXCHANGE...more

Gibney Anthony & Flaherty, LLP

Update: INFORM Act to Protect Against Online Counterfeiters: What the New Law Means for Brand Owners and Consumers

The Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (the INFORM Act) was signed into law by President Biden on December 29, 2022. A positive step in the fight against online...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - December 2022: What We’re Watching in Europe…

Continuing with news involving the color red, on December 23, 2022, the Court of Justice of the European Union (CJEU) issued a preliminary ruling finding that Amazon may be subject to liability for trademark infringement...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - December 2022

Thank you for reading the December 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss Pantone's 2023 Color of the Year and a preliminary ruling in Europe regarding an online marketplace's...more

Holland & Knight LLP

Etsy Introduces New IP Reporting Portal

Holland & Knight LLP on

Businesses regularly lose revenue because of inadequate online brand enforcement. At the same time, online marketplace consumers regularly purchase counterfeit products without ever knowing that they purchased a fake. Sales...more

Morgan Lewis

Jury Finds for Online Marketplace over Atari in Trademark Infringement Case

Morgan Lewis on

In the case, Atari had alleged that Redbubble failed to adequately police its marketplace to remove artist uploads that counterfeited or infringed upon Atari’s trademarks in its logo and other iconic images. As part of its...more

Gibney Anthony & Flaherty, LLP

INFORM Consumers Act Introduced to Target Online Counterfeiters

The INFORM (Integrity, Notification, and Fairness in Online Retail Marketplaces) Consumers Act was introduced on the Senate floor on March 23, 2021. This bill would require greater accountability and transparency from the...more

Gibney Anthony & Flaherty, LLP

What Will Post Pandemic IP Enforcement Look Like?

As we are on the cusp of gaining some control over the pandemic and regaining a focus on the new normal, it seems to be an opportune time to think about what the post-pandemic world of IP enforcement will look like. While...more

Gibney Anthony & Flaherty, LLP

IP Enforcement in the Age of Covid-19 (An Update)

Over five months ago, we entered one of the darkest periods of recent memory. The safety of family and friends became paramount as priorities changed and numerous activities simply stopped. Our online world became our...more

BCLP

European and US regulators consider efforts to combat counterfeit goods

BCLP on

Reducing sources of counterfeit or grey market goods is a perennial challenge for every brand owner. Recent parallel developments in the EU and the US show how legislators are tackling the issue of counterfeit goods on online...more

Dorsey & Whitney LLP

Real News Update: White House Issues Memo Aimed at Online Fakes

Dorsey & Whitney LLP on

Counterfeiting is a large problem for consumer product companies.  However, U.S. counterfeiting laws are difficult to enforce against many companies because they operate outside the United States, or the manufacturer of the...more

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