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October 11, 2016

Maintaining Internet Minimum Advertised Price Policies (IMAP Policies) While Avoiding Antitrust Issues

E-commerce has fundamentally changed consumer behavior. Prior to the internet, great deals were normally had by only the savviest of customers. Now, however, price comparisons, blowout sales, and bargain shopping are the norm for anyone with a smartphone. As a result, the past few years have ...
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September 22, 2016

Communications With Authorized Sellers and Customers Key to Enforcement Program

As stated in a recent post, we recommend that companies adopt a three-step approach to tackle unauthorized online sales. Not only will the brand owner benefit but authorized sellers and customers benefit as well. Step one is to revise company policies, procedures, and agreements. Step two is to ...
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September 9, 2016

Combating IP Infringement and Unauthorized Sales on Shopping Apps

Now-popular online marketplaces like eBay have made consumer-to-consumer e-commerce possible. Today, it is getting even easier through “flea market” and consignment shop-style apps. These apps pride themselves on the ease with which people can shop for and sell products. Leading fashion ...
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September 6, 2016

Minimum Advertised Price Policy (MAP Policy) Enforcement

One increasingly common technique companies are using to safeguard their brands is implementing a MAP policy. Short for a minimum advertised price policy, these are policies that companies establish declaring the minimum prices at which authorized sellers are permitted to advertise their ...
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August 11, 2016

Serving Subpoenas to Identify Unauthorized Sellers on eBay

"Investigation tactics" frequently refers to the techniques utilized by skilled cyber investigators. They also include subpoenas. Issuing subpoenas is a legal mechanism for identifying (in this context) targeted unauthorized sellers of products on eBay and other sales platforms. As a brief ...
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July 18, 2016

The Five Most Common Types of Unauthorized Sellers on eBay and Other Third-Party Websites

There are a number of different sources of unauthorized online sales that companies should be aware of. The five most common types of unauthorized sellers on the internet are 1) authorized distributors; 2) professional resellers; 3) one-off sellers; 4) professional schemers; and 5) sellers who ...
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June 30, 2016

Three-Step Approach to Stopping Unauthorized Online Sales on eBay

Unauthorized sales on eBay and other third-party websites are significantly impacting many businesses. To overcome this problem, we recommend a three-step approach to addressing these unauthorized sellers as follows, with more details listed below: First, a company should revise its policies, ...
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June 16, 2016

How to Prevent Grey Market and Diverted Goods From Undercutting Your Prices on eBay

Let’s say your brand is sold on eBay.com. To monitor your products, you frequently check eBay. You notice that there are regularly many products listed on the website for much less than your MAP prices. Unfortunately, there is no magic solution to fix this problem. Instead, we recommend that ...
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May 20, 2016

Stopping Product Diversion Is the Key to Enforcing Your MAP Policy

Stopping Product Diversion is becoming increasingly important for brands due to the continued growth of e-commerce and online marketplaces. It is key to ultimately being able to successfully enforcing a MAP policy. Minimum advertised price policies, or MAP policies, are intended to limit the ...
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May 9, 2016

Placing Tracking Codes on Products to Combat Unauthorized Online Sales and Product Diversion

In general, the First Sale Doctrine permits a person to sell another’s genuine trademarked goods. However, a failure to abide by or follow a company’s quality controls can give rise to trademark infringement. Placing tracking codes on products can play an integral part in enforcing against ...