News & Analysis as of

Counterfeiting E-Commerce

Quarles & Brady LLP

Indispensable Strategies for Protecting Disposable Products

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As commerce moves more and more online, companies are facing unique challenges with respect to protecting their products, and the low cost of entry for online sellers has contributed to proliferations of knock-off and...more

Kelley Drye & Warren LLP

Staying INFORMED: Updates Regarding State INFORM Acts

On June 27, 2023, the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (INFORM Act) went into effect. As we have previously written, the INFORM Act aims to deter criminals from selling...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

Kohrman Jackson & Krantz LLP

The Perils of Not Awarding Profits in Lanham Act Cases Against Counterfeiters

The wild west of the e-commerce landscape keeps many trademark owners up at night trying to protect their brand. In the ever-expanding online marketplace, counterfeiters pop-up daily trying to make a quick buck passing off...more

Braumiller Law Group, PLLC

Hot Topics in International Trade - April 2024 - De Minimis An Ever-Growing Problem of De Maximus Proportion

From Wikipedia: De minimis is a Latin expression meaning “pertaining to minimal things”, normally in the terms de minimis non curat praetor. (“The praetor does not concern himself with trifles”) or de minimis non curat lex...more

Knobbe Martens

A Discussion With Amazon Counterfeit Crimes Unit’s Joe Wheatley: How Amazon Finds Bad Actors and Removes Counterfeit Products

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In this inaugural episode of the Knobbe IP+ podcast, Knobbe Martens partner Greg Phillips speaks with Joe Wheatley, Senior Counsel, Amazon Counterfeit Crimes Unit, about how the Counterfeit Crimes Unit searches the Amazon...more

Gibney Anthony & Flaherty, LLP

Modified SHOP SAFE Act Introduced to Combat Anticounterfeiting

On September 28, 2023, Senators Chris Coons (D-Del.) and Thom Tillis (R-N.C.) introduced the Stopping Harmful Offers on Platforms by Screening Against Fakes in E-Commerce (SHOP SAFE) Act. This bill is being introduced in...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

Vondran Legal

Red Points sued for Defamation over DMCA takedown notice

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In an interesting case from New York Federal court, a judge denied a motion to dismiss by Defendant Red Points (an anti-piracy protection company) for submitting a take down alleging the sale of counterfeit products by the...more

Clark Hill PLC

What To Know About the New “INFORM Consumers Act”

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Over the past decade, counterfeit goods have become a persistent issue with respect to those involved in the e-commerce business. Counterfeit products, which can be sold as an identical copy or a cheap imitation that looks...more

Rivkin Radler LLP

Counterfeiting Headaches Aren’t Just for High Fashion Retailers and Designers Anymore

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When people think of counterfeit products, they envision high-end designers, such as Prada, Louis Vuitton, Gucci and Hermes, expensive accessories such as Rolex watches, and expensive fragrances. They also are likely to...more

Womble Bond Dickinson

What’s in a Name? Chicago’s Darvin Furniture & Mattress Claims Trademark Violation in Lawsuit Versus Wayfair

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Darvin Furniture And Appliance Of Orland Park, Inc. V. Wayfair LLC, Case No. 1:23cv4121 (N.D. Illinois, June 27, 2023) Darvin Furniture And Appliance Of Orland Park, Inc., a Chicagoland retailer which does business as Darvin...more

Hogan Lovells

INFORM Consumers Act - Guidance & Enforcement

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The INFORM Consumers Act (“INFORM Act”), which went into effect on June 27, 2023, is aimed at increasing the transparency of online marketplaces so that consumers can verify who they are purchasing goods from. The penalty for...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

Miller Nash LLP

The FTC Is INFORMing Businesses That It Plans to Enforce This E-commerce Act

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You may have missed it, but the Federal Trade Commission (FTC) hasn’t. On June 27, 2023, the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (the INFORM Consumers Act) is live and...more

Winthrop & Weinstine, P.A.

INFORM Consumers Act Requirements

Retailers, manufacturers, and online marketplaces – are you ready to INFORM your customers?  On June 27, 2023, online marketplaces and “high-volume third party sellers” must comply with the new federal statute – the...more

Morgan Lewis

No Leniency for Marketplaces Says FTC: INFORM Consumers Act Takes Effect June 27

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The Federal Trade Commission (FTC) has signaled its plans to move swiftly and vigorously against online marketplaces that are not compliance ready for the Integrity, Notification, and Fairness in Online Market Retail...more

Gibney Anthony & Flaherty, LLP

INFORM ACT Takes Effect June 27: What Businesses Need to Know

The Federal Trade Commission (FTC) announced the INFORM Act will take effect on June 27. Businesses with an online presence should understand what the new law means and how to prepare to avoid penalties. See Gibney’s prior...more

Venable LLP

New Law Regulating Online Marketplaces Will Impact Sellers, Too

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Starting June 27, operators of online marketplaces will need to comply with a new federal statute, the Integrity, Notification, and Fairness in Online Market Retail Marketplaces for Consumers Act or INFORM Act. The...more

BCLP

Paris Litigation Gazette Issue 2 - March 2023

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Welcome to the Litigation Gazette. Each quarter, BCLP's Paris team will keep you informed of the main litigation news in competition law, commercial litigation, labor law, IP/IT/Data and compliance....more

BakerHostetler

The INFORM Act Passes; Combating Counterfeiting with Transparency in Online Sales

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The recent passage of the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (INFORM Act) bears significant implications for brand owners and online marketplaces. For brand owners, the...more

Seyfarth Shaw LLP

New Federal Disclosure Requirements for Online Sellers Target Anonymous Counterfeiters

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A new federal law requires increased transparency in online sales transactions with the aim of protecting consumers against fraudsters and counterfeiters that historically have been able to hide anonymously behind unverified...more

Gibney Anthony & Flaherty, LLP

Update: INFORM Act to Protect Against Online Counterfeiters: What the New Law Means for Brand Owners and Consumers

The Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (the INFORM Act) was signed into law by President Biden on December 29, 2022. A positive step in the fight against online...more

Proskauer Rose LLP

Three Point Shot - November 2022

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NBA Properties Lands Slam Dunk in Intellectual Property Win Heard Around the Globe - NBA Properties, Inc. (“NBAP”), the exclusive licensee of the National Basketball Association (“NBA”) and NBA teams’ distinctive trademarks,...more

Hogan Lovells

States passing INFORM Act requirements on online merchants and marketplaces to curb fraud and counterfeits

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While the federal Integrity, Notification, and Fairness in Online Retail Marketplace for Consumers Act (INFORM Act) bill remains pending, states have proceeded to pass similar legislation to protect their constituents. In the...more

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