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Creating a Do Not Sell List? Be Mindful of Antitrust Laws

In the ever-evolving landscape of ecommerce, businesses often face challenges maintaining control over distribution, preserving brand integrity and complying with antitrust laws. Two key aspects that arise in this context are...more

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

Spring-Time Brand Preparations

As Spring comes into bloom, brands should begin planning and preparing for the not-so-far-off holiday season. Right now, a brand has approximately six months to strengthen its presence in ecommerce marketplaces until the...more

The DMCA Subpoena Remains Invaluable

When tackling the problem of unauthorized resellers on Amazon.com and other e-commerce websites, one of the biggest hurdles faced by brands is unearthing a reseller’s identity. Resellers are able to hide behind DBA’s, various...more

More Than Just Unauthorized Sales: Scammers are Creating Whole New Websites

We have written extensively about the problem of unauthorized resellers. These are resellers that source a company’s products (whether legitimately or illegitimately) and then resell those products on eCommerce websites such...more

Overcoming the First Sale Doctrine: The Quality Control Exception

Brands that sell goods on eCommerce websites such as Amazon, eBay, and Walmart, have undoubtedly been confronted with the issue of unauthorized resellers. Unauthorized resellers damage a Company’s brand, tarnish its company’s...more

Ohio Passes Version of The INFORM Consumers Act

Ohio has taken a step to protect brands that are dealing with unauthorized, counterfeit and gray market sales from online marketplaces. Governor Mike DeWine recently signed the bipartisan Ohio House Bill 272 (H.B. 272) into...more

Amazon Files Lawsuit To Stop Fake-review Brokers

In a move that could prove beneficial for both brands and consumers alike, Amazon recently filed a lawsuit against two fake-review brokers, AppSally and Rebatest. These companies connect consumers with third-party sellers to...more

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