News & Analysis as of

Intellectual Property Protection Amazon

Brownstein Hyatt Farber Schreck

Emerging Counterfeiting Tactic: Private Label Marks to Evade Online Enforcement

A new and increasingly sophisticated form of counterfeiting is challenging traditional brand protection strategies. Counterfeiters are now avoiding the use of well-known house marks and instead applying “private label” marks...more

Dickinson Wright

Amazon Strengthens Brand Protection for Trademark Owners: Key Updates in 2025

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As trademark infringement and counterfeit sales continue to disrupt legitimate business on Amazon, Amazon has developed and expanded its intellectual property enforcement tools. In 2025, Amazon introduced enhancements to its...more

Roetzel & Andress

Trademark First: The Gateway to Amazon Brand Registry

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Amazon is the biggest third-party online marketplace in the United States and a go-to platform for numerous businesses. However, to get the most out of selling on Amazon, it is essential to join the Amazon Brand Registry....more

HaystackID

Nokia and Amazon: A Patent Dispute Reshaping Tech Collaboration

HaystackID on

In the autumn of 2023, a storm brewed between two tech titans. Nokia, the Finnish telecommunications stalwart, filed lawsuits across four continents, alleging that Amazon’s streaming services—Prime Video and Twitch—had woven...more

Polsinelli

APEX – An Alternative Patent Resolution Procedure on Amazon

Polsinelli on

APEX – Amazon’s Solution to Patent Dispute Resolution - With the traffic Amazon generates, the e-commerce giant has become an essential, and perhaps even mandatory, marketplace for many companies to sell their products....more

Arnall Golden Gregory LLP

The Pitch - October 2024

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse...more

Vedder Price

[Event] 2024 Intellectual Property Seminar - October 15th, Chicago, IL

Vedder Price on

Please join Vedder Price’s Intellectual Property group for a half-day complimentary seminar designed for in-house counsel. Topics will focus on real issues faced by IP holders, and attendees will leave with practical advice...more

Woods Rogers

Counterfeiters Beware: Amazon Steps Up Efforts to Protect Brands

Woods Rogers on

Amazon's Counterfeit Crimes Unit (CCU) has been pursuing legal action against sellers attempting to sell counterfeit products on the Amazon platform. CCU accuses these bad actors of obtaining improper trademarks and filing...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

McDermott Will & Schulte

Prime Delivery: Amazon Program Now Offers Personal Jurisdiction to Patent Holders

Addressing the issue of personal jurisdiction in the context of a declaratory judgment case involving a program for resolving patent infringement claims, the US Court of Appeals for the Federal Circuit concluded that a patent...more

Bennett Jones LLP

Did you plead that? On a Bifurcation Motion, Federal Court in Amazon.com Clarifies that Alleged Complexity

Bennett Jones LLP on

In intellectual property cases, parties often agree to split their proceeding between liability and subsequent quantification phases if they believe that a "bifurcation" would simplify the litigation. Bifurcation is justified...more

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

Amazon’s Patent Evaluation Express (APEX) Program Has Declaratory Judgment Action Risks for Patent Owners

Amazon’s Patent Evaluation Express (APEX) program provides an expedited and low-cost tool for patent owners to stop the sale of infringing products on Amazon’s platform. But low cost does not mean low risk. The U.S. Court of...more

Arnall Golden Gregory LLP

The Pitch - March 2024

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse...more

Arnall Golden Gregory LLP

The Pitch - February 2024

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse...more

Smart & Biggar

False alarm: the risks of groundless online takedown complaints

Smart & Biggar on

Online takedowns are an essential and effective tool for intellectual property rightsholders. Such tools are a common response to infringement on online marketplaces. A recent Canadian decision highlights the risks associated...more

Axinn, Veltrop & Harkrider LLP

Alexa: What Is Plain and Ordinary Meaning?

Is “milk” an item, or just a word? This question, among others, is set to be answered on January 12, 2024, as Freshub Inc. (Freshub) and Amazon.com, Inc. (Amazon) argue before the Federal Circuit (Nos. 22-1391, 2022-1425). ...more

McDonnell Boehnen Hulbert & Berghoff LLP

AI News Roundup - December 2023

There’s a lot happening in the world of AI. To help you stay on top of the latest news, we have compiled a roundup of the developments we are following. The Beijing Internet Court has ruled that a plaintiff who used...more

Kohrman Jackson & Krantz LLP

OtterBox Combats Unauthorized Sellers and Counterfeits on Amazon

The rise of e-commerce has revolutionized the way we shop, making it easier than ever to access a wide range of products from the comfort of our homes. While this convenience has brought countless benefits, it has also given...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

How To Protect Your Brand From Competitors This Holiday Season

The holiday season is a pivotal time in the retail sector in both in-store and online forms, presenting retailers with key opportunities to boost revenue. As consumers shop year-end sales, competitors continuously find...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

Stark & Stark

Road to Safe Harbor: Implementation of Repeat Infringer Policy Necessary for DMCA Safe Harbor Protection from Copyright...

Stark & Stark on

In the cloud-based age where numerous tech giants such as Google, Amazon, and Apple have launched cloud music services, many kept abreast of ongoing legal battles over online service providers’ liability for users’ music...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

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