News & Analysis as of

E-Commerce Counterfeiting Internet Retailers

Quarles & Brady LLP

Indispensable Strategies for Protecting Disposable Products

Quarles & Brady LLP on

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

Knobbe Martens

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

Knobbe Martens on

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

Clark Hill PLC

What To Know About the New “INFORM Consumers Act”

Clark Hill PLC on

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

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

Miller Nash LLP

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

Miller Nash LLP on

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

Morgan Lewis on

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

Venable LLP on

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

BakerHostetler

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

BakerHostetler on

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

Seyfarth Shaw LLP on

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

Hogan Lovells

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

Hogan Lovells on

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

Kohrman Jackson & Krantz LLP

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

Kohrman Jackson & Krantz LLP

Plagued by False Reviews and Counterfeit Listings: Amazon Fights Back

From its inception, Amazon has been at war with unscrupulous actors, both foreign and domestic, who seek to gain a competitive advantage through any means necessary. What began as malware, viruses, and spam, has evolved into...more

Dunlap Bennett & Ludwig PLLC

Counterfeit goods are flooding the internet. What can we do?

It used to be that counterfeit goods in the United States originated in well-known places like New York City’s Canal Street, or perhaps other niches in a city near you. ...more

Procopio, Cory, Hargreaves & Savitch LLP

Protecting Your Online Brand on Amazon

In today’s ever-expanding e-commerce environment, online brand protection and enforcement has become a necessary undertaking of paramount importance for brand owners in efforts to combat the illicit trade of counterfeit and...more

Proskauer - Minding Your Business

Another Court Gets on (Hover) Board with Online Marketplace Liability for Defective Products

In two prior blog posts, we covered how online marketplaces, like Amazon, are being held responsible for defective and counterfeit products sold on their platforms. In the latest development in this space, California’s Court...more

Gibney Anthony & Flaherty, LLP

INFORM Consumers Act Introduced to Target Online Counterfeiters

The INFORM (Integrity, Notification, and Fairness in Online Retail Marketplaces) Consumers Act was introduced on the Senate floor on March 23, 2021. This bill would require greater accountability and transparency from the...more

Gibney Anthony & Flaherty, LLP

Trump Administration Seeks Legislation to Hold E-Commerce Platforms Accountable for Counterfeit Sales

On October 13, 2020, President Trump signed a “Memorandum on Stopping Counterfeit Trafficking on E-commerce Platforms Through Fines and Civil Penalties” to combat trademark counterfeiting by taking aim at the e-commerce...more

Proskauer - Minding Your Business

Happy Prime Day: Trump Directs Federal Government to Pursue Legislation Making E-Commerce Platforms Liable for Counterfeit Sales

In a recent post, we summarized recent developments in litigation and legislative activity concerning whether online marketplaces may be directly liable for the sale of defective and counterfeit products on their platforms....more

Gibney Anthony & Flaherty, LLP

Counterfeits in the Age of COVID-19: Online Best Practices

As the COVID-19 pandemic spreads throughout the corners of the world, people rush to complete shopping and stock pantries and medicine cabinets by shopping online. In their haste and sometime desperation, individuals become...more

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