News & Analysis as of

Enforcement Online Marketplace

Kelley Drye & Warren LLP

FTC Warns Manufacturers and Retailers About Made in USA Claims

As we noted earlier this month, FTC Chairman Andrew Ferguson designated July as ​“Made in USA” Month. Because Hallmark still hasn’t printed greeting cards to commemorate the month, the FTC celebrated by sending warning...more

Troutman Pepper Locke

Trump Administration Reissues 2019 Opinion Letter on Independent Contractors and Virtual Marketplace Companies

Troutman Pepper Locke on

The U.S. Department of Labor re-issued an Opinion Letter on the issue of independent contractor (IC) status of an on-demand virtual marketplace company (VMC) that refers end-market consumers to service providers who offer...more

Foley Hoag LLP - Cannabis and the Law

California Introduces Legislation to Curb Online Direct-to-Consumer Hemp Product Sales

Perhaps recognizing an enforcement gap in the evolving struggle to protect consumers from what Governor Newsom has characterized as a grave threat to public health and safety, the California legislature is taking steps to...more

Morrison & Foerster LLP

What to Expect from CPSC in 2025

At the end of last year, the Consumer Product Safety Commission (CPSC) approved an Operating Plan for Fiscal Year 2025, which includes CPSC’s strategic priorities and resource allocations for the coming year. Stated...more

Latham & Watkins LLP

UK Online Safety Act 2023

Latham & Watkins LLP on

The Online Safety Act (the OSA) received Royal Assent on 26 October 2023 and is now in force. The OSA establishes an extensive regulatory framework for providers of online user-to-user services and search services with...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

Kohrman Jackson & Krantz LLP

Overcoming the First Sale Doctrine: Material Differences

Unauthorized Sellers are a growing and ubiquitous problem for brands selling their goods on eCommerce marketplaces, such as Amazon, eBay, and Walmart. Unauthorized resellers sell products without the brand’s authorization or...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

McDermott Will & Emery

Congress Cracks Down on Sales of Stolen and Counterfeit Goods

The requirements of the INFORM Consumers Act went into effect on June 27, 2023. The following includes need-to-know information for sellers, businesses that serve as an online platform for third-party sellers and customers...more

BakerHostetler

Watch Out for Common Law Users in Online Enforcement

BakerHostetler on

Many consumer product brands seek to enroll in online enforcement programs, for example, Amazon Brand Registry and eBay VeRO. These consumer product brands often experience online infringement and counterfeiting issues, so...more

Adams & Reese

What’s Next Following the INFORM Consumers Act?

Adams & Reese on

Focus on IP Law: Online Marketplaces Have Until June 27 to Implement Measures to Comply with New Anti-Counterfeiting Law - Any brand owner with an anti-counterfeiting program will tell you that one of their biggest...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

McDermott Will & Emery

Special Report - 2020 IP Law Year in Review: Trademarks

McDermott Will & Emery on

2020 was a year like no other, so you’d be forgiven if the year’s biggest headlines in trademark law didn’t quite catch your attention. In 2020, the US Supreme Court shaped trademark jurisprudence through a trio of notable...more

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