With the seasons changing, many of us feel inspired to declutter our homes and refresh our surroundings. This same principle applies to your brand’s eCommerce strategy. Just as a garden needs attention after winter, your channels can benefit from brand spring cleaning to address current needs and fortify your foundation for new growth.
As you prepare for the busy seasons ahead, these five key areas often present an opportunity for improvement:
Just as you might evaluate which items in your closet still serve you, brands should regularly assess which distribution relationships continue to align with their sales channel control strategy. Our experience shows that brands that proactively address these relationships with clear documentation avoid costly disputes and marketplace disruption. If you're considering terminating distributors in 2025, now is the time to begin planning, as proper notice periods and sell-through allowances may be required.
Product warranties often accumulate outdated language and inconsistent practices over time.
requires specific warranty disclosures and pre-sale notifications. Brands may inadvertently violate these requirements, creating legal exposure.
around product registration and warranty period start dates often can lead to technical violations, and we’ve seen an uptick in predatory lawsuits around non-compliant warranties. Additionally, well-intentioned marketing teams may update warranty terms without legal review, creating material changes that raise compliance issues.
of warranty claims and consistent application of policies is essential for defending against consumer claims and regulatory scrutiny, as well as ensuring a sound foundation for potential litigation.
With the FTC's renewed focus on Robinson-Patman Act enforcement, brands must carefully evaluate pricing and promotional practices across channels. The Commission's recent enforcement actions signal increased scrutiny of:
Promotional allowances offered to large retailers but not smaller competitors;
Functional discount structures that may not reasonably relate to actual cost savings; and
Marketplace pricing policies that create potential discriminatory effects.
Brands with comprehensive marketplace enforcement strategies must be prepared for potential litigation; this includes:
Is your trademark ownership adequately aligned? Are the trademarks you're enforcing owned and/or properly licensed by the enforcing entity?
Do your license agreements provide adequate enforcement rights? Many license agreements contain limitations that can unexpectedly undermine enforcement efforts.
Have you developed a cross-border protection strategy? With international eCommerce growth, have you secured statutory rights for your marks in key jurisdictions? Learn more.
Are you monitoring for cybersquatting and keyword advertising abuse? These increasingly common infringement methods require vigilant detection.
Have you considered design patents as an enforcement tool? Design patents can offer 15-year protection for the aesthetic aspects of your products and enable efficient enforcement against online sellers. Learn more.
Addressing these questions proactively can help ensure alignment to move forward and provide a stronger foundation for enforcement actions.
Brands with comprehensive marketplace enforcement strategies must be prepared for potential litigation; this includes:
Documenting compliance with quality control requirements;
Maintaining evidence of material differences in unauthorized products;
Preserving records of trademark usage and enforcement efforts; and
Ensuring consistent application of policies to avoid selective enforcement claims.
The most successful brands approach marketplace control as an ongoing program rather than a series of reactive measures.
As you consider brand spring cleaning to refreshing your eCommerce strategy, start with these practical steps:
Review your distribution agreements for termination provisions and enforce consistently.
Audit your warranty language across all sales channels for regulatory compliance.
Evaluate pricing practices relative to increased Robinson-Patman enforcement.
Verify trademark ownership and licensing alignment with enforcement activities.
Document and centralize evidence supporting potential litigation positions.
Vorys eControl has helped more than 1,000 brands implement these practices to create comprehensive channel control programs. For more information about how your brand can benefit from an eCommerce strategy refresh, contact our team below.
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