Podcast: The Briefing - Shedding Light on ‘Willful Blindness’: Brandy Melville v Redbubble
The Briefing: Shedding Light on ‘Willful Blindness’: Brandy Melville v Redbubble
Law Brief®: Mark Rosenberg and Richard Schoenstein Discuss Online Distribution Leakage
Nota Bene Episode 125: What are Non-Fungible Tokens (NFTs) and Are They Here to Stay? with James Gatto
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
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
On August 22, 2024, the DC Court of Appeals revived a suit brought by the District of Columbia Attorney General’s Office (DC AG) against Amazon. The suit, which the superior court previously dismissed, alleges that Amazon’s...more
In a closely watched case, the U.S. Consumer Product Safety Commission (CPSC) on July 29, 2024, found that Amazon's popular "Fulfilled by Amazon" program – in which products are listed by Amazon but sold by third-party...more
As Amazon maintains its chokehold on ecommerce sales, the United States Product Safety Commission (CPSC) is attempting to reclassify Amazon as a distributor of goods. If successful, this would expose Amazon to liability for...more
The Digital Markets Act (DMA) regulation of September 14, 2022, along with the Digital Services Act (DSA) regulation, represents one of the major digital initiatives of the European Union. Gradually applicable since May 2,...more
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
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
On September 26, 2023, the Federal Trade Commission (“FTC”) and a coalition of seventeen State Attorneys General filed a long-expected suit accusing Amazon of violating federal and state antitrust law. The 172-page complaint...more
There was a time, not all that long ago, where counterfeiting of consumer goods was largely a problem afflicting high fashion designers, such as Prada, Gucci and Versace. Expensive high-end accessories such as Rolex watches,...more
The Federal Trade Commission (FTC) alleged that Amazon used digital marketing tactics known as “dark patterns” to trick millions of customers into unknowingly enrolling in Amazon Prime auto-renewing subscriptions, while...more
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
The recent suit filed by the Federal Trade Commission (FTC) represents the latest guidance in the rapidly evolving patchwork of federal and state laws that govern online subscription models. Any company offering subscription...more
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
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
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
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
For some time, we have been following the emerging case law on whether companies, such as Amazon, that create an online marketplace for other sellers, may be held liable when products supplied by those sellers cause injury....more
On April 26, 2021, the California Court of Appeal issued its decision in Loomis v. Amazon.com LLC, which could have drastic consequences for operators of e-commerce sites being sued for strict liability for injuries incurred...more
As companies increasingly open and support online marketplaces for third parties to sell goods and products, the question has arisen as to what happens when one of those products is defective. Who is liable for any harm the...more
The Texas Supreme Court is set to determine whether Amazon can be considered a “seller,” and thus held liable, for a defective product sold through its website, in the case of McMillan v. Amazon.com, Inc., No. 20-20108, 2020...more
The United States Environmental Protection Agency (EPA) is in the process of a regulatory crackdown, spurred by the current pandemic, which may have broader effects than meet the eye and which raises questions that do not...more
Last month, we addressed the developing caselaw governing an “e-tailer’s” role in the chain of distribution, and its resulting exposure to potential products liability suits, when a consumer purchases a defective product from...more
More than 100 years ago, the New York Court of Appeals issued its now-infamous opinion in MacPherson v. Buick Motor Co., which ushered American courts into a new age of personal injury jurisprudence. Writing for the majority,...more
Amazon’s new seller transparency policy, announced July 8, 2020, requires by September 1, 2020, each seller’s page on Amazon.com to display the respective seller’s name and address. This brings some of Amazon’s U.S.-based...more