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August 12, 2019

Intro to Intellectual Property Law - Part I: What is Trademark Law?

There are three primary and distinct types of intellectual property implicated in eCommerce—trademark, patent, and copyright—each with its own set of laws to protect different types of subject matter and indicia of source for goods and services. This three-part series gives a general ...
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July 31, 2019

Whitney Gibson Scheduled to Speak at B2B Next Conference in October

In the age of eCommerce, many brands are trying to determine the best way to control and grow sales of their products on Amazon and other third-party marketplaces. A lack of control often results in brand erosion and leaves a trail of channel conflict, negative reviews and lost sales. Whitney ...
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July 23, 2019

Recent federal ruling holds Amazon to strict products liability standard after customer injured by product

Highlighting need to protect product quality in online marketplace channel Update: Upon petition by Amazon, the U.S. Court of Appeals for the Third Circuit has vacated its ruling in Oberdorf v. Amazon.com Inc. and listed the case for rehearing en banc (to be heard by the entire Third Circuit ...
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July 8, 2019

Inaugural eControl360 Summit to Address Growing Challenges for Brands in the Amazon Age

The rapid growth of Amazon and other online marketplaces has created a new ecosystem in which brands struggle to control their product sales. Brands now find their products sold by anonymous online sellers and face new challenges on an unprecedented scale. The eControl360 Summit is a ...
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June 27, 2019

The "Quality Controls" Exception to the First Sale Doctrine

As discussed in Part I of our three-part series on the first sale doctrine, the first sale doctrine provides that it is generally legal for an individual to resell a trademarked item after it has been sold by the trademark owner in an authorized sale, even if the resale is without the trademark ...
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June 20, 2019

The “Material Difference” Exception to the First Sale Doctrine

As discussed in Part I of our three-part series on the first sale doctrine, the first sale doctrine provides that it is generally legal for an individual to resell a trademarked item after it has been sold by the trademark owner in an authorized sale, even if the resale is without the trademark ...
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June 12, 2019

The First Sale Doctrine: A Potential Defense to Lanham Act Claims

Note: This is the first blog of a three part series covering the First Sale Doctrine. For the second post on material differences, click here or for the third post on quality controls, click here. One of the primary legal claims companies have against unauthorized resellers in the United States ...
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June 6, 2019

Vorys eControl Attorneys Author White Paper on Best Practices for MAP Success and Long-Term Brand Control

Vorys eControl attorneys Whitney Gibson and Daren Garcia have published a white paper that explains best practices for companies seeking to enforce Minimum Advertised Price (MAP) policies and uphold brand value in an eCommerce-driven economy. The paper—“The Winning Strategy for MAP Success ...
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May 28, 2019

Gibson to Speak at Salsify Digital Transformers Summit 2019

Whitney Gibson, partner and co-chair of Vorys eControl, will be a panelist at the Salsify Digital Transformers Summit in Boston on June 5, 2019. Gibson’s panel entitled, “How Brands are Regaining Control of Product Sales on Amazon to Stop Channel Conflict and Brand Erosion,” will focus on ...
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May 20, 2019

Common Mistakes Brands Make in Combatting Unauthorized Online Sales

As the volume of product sales on online marketplaces continues to dramatically rise, more and more manufacturers are scrambling to control their online sales. With hordes of vendors offering various “solutions” to these issues, resulting in confusion over the best path forward, companies ...