Retailers, Intellectual Property Litigation

First Sale Doctrine Limitations: Key Trademark Law Considerations for Businesses

Gordon Rees Scully Mansukhani on 5/21/2025

Third-party infringers are finding new ways to sell unauthorized products and profit from doing so. As one example, the third-party seller buys products in bulk from the product owner, receiving a cheaper rate due to bulk...more

A Dive Into Intellectual Property Liability for E-Commerce Platforms

Robins Kaplan LLP on 7/8/2024

Online shopping has become increasingly popular in recent years. E-commerce sales surpassed $6.5 trillion in 2023 and are expected to total over $8.1 trillion by 2026. Convenience of product variety and online competition...more

Cases Highlight Commercial Landlord Potential Liability for Trademark Infringement by Tenants

Holland & Knight LLP on 3/14/2019

• Reported verdicts and settlements in the last 10 years confirm that commercial landlords/owners could be held liable for the trademark infringement activity of their tenants. • Commercial landlords/owners must take...more

The Hobby Games Industry Needs to Up Its Game to Fight Counterfeiting - Intellectual Property News

Bradley Arant Boult Cummings LLP on 3/6/2019

Like many industries, the hobby games (HG) industry suffered from unprecedented counterfeiting problems in recent years. Despite steadily rising popularity, until recently HGs were not much affected by piracy and...more

Smiles Like Teen Spirit: “Smiley Face” Copyright and Trademark Litigation

Foley Hoag LLP - Making Your Mark on 1/22/2019

You may think the phrase “million-dollar smile” is just a metaphor, but a smile could cost you millions of dollars in litigation damages if you aren’t careful, at least according to Nirvana LLC, the legal entity that owns the...more

Distilling the Relatedness of Spirits, Wines and Beer – The Lack of a Bright-Line Rule - Food, Beverage & Hospitality Alert

Bradley Arant Boult Cummings LLP on 12/14/2018

The alcohol industry has seen a veritable explosion in trademark filings from craft and independent brewers, distillers and wineries. This upsurge means trademarks are coming into conflict more and more often in the...more

Retail Litigation Center: A National and Influential Force In Litigation

Goulston & Storrs PC on 2/25/2016

The Retail Litigation Center (RLC) is a trade organization attached to the Retail Industry Leaders Association (RILA) that describes itself as “the only organization dedicated to advocating the retail industry’s perspective...more

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