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The Lanham Act: Trademark Protection and Online Seller Enforcement

Trademark Infringement, False Advertising Among Claims Trademarks, essentially source identifiers, are extremely valuable to manufacturers and their brands.  Therefore, it is critical that manufacturers protect and enforce them. Since 1946—including several amendments—the Lanham Act has served as the source of trademark (and unfair competition) protection in this country.  Codified at...

Ten Things You Can Do to Help Your Brand Fight Unauthorized Sellers

The unauthorized sales dilemma eCommerce continues to grow substantially each year.  And this annual growth has positively affected brands in many ways.  However, it has led to an increase in grey market internet sales. The point of entry for unauthorized third-party sellers is very low: virtually anyone that can get...

MAP Infographic: The Ultimate Brand Pricing Shield

Strategies for Overcoming Price Erosion Authorized distributors violating minimum advertised price (MAP) policies, unauthorized sellers, counterfeit sellers, and traffic diversion schemes can all contribute to price erosion. Price erosion, as seen in the infographic below, can significantly damage manufacturers and their brands. Therefore, it is important that manufacturers and brand...

Whitney Gibson to Speak at Annual Professional Pricing Society Event on May 4th

Upcoming podcast, Twitter chat will precede presentation on stopping price erosion Attorney Whitney Gibson will be a featured speaker at the 28th Annual Spring Pricing Workshops & Conference in Miami on May 4, 2017 and he will speak about combating price erosion.  The event is hosted by the Professional Pricing...

The First Sale Doctrine and Establishing Legal Claims to Overcome It

Manufacturers Can Create Material Difference and Quality Controls Manufacturers often look to trademark law to stop unauthorized online sales of their products.  However, online resellers are typically immune from any liability for selling genuine trademarked products.  This is due to what is known as the First Sale Doctrine, described below....

Webinar Replay | Why MAP Policies Fail And What You Can Do So Your Policy Doesn’t

Whitney Gibson, partner at Vorys, Sater, Seymour and Pease and leader of the firm’s group focused on internet brand and reputation issues, recently led a webinar hosted by The Running Industry Association: “Why MAP Policies Fail And What You Can Do So Your Policy Doesn’t.”  Vorys associate Laura Erdman joined...

How Manufacturers and Brands Can Overcome Cybersquatting

Cybersquatting and Typosquatting Barred by Federal Law Cybersquatting generally refers to “bad faith registration of another’s trademark in a domain name.”  It often involves registering a domain name with the intent to either: A) sell the domain back to the owner of the mark, or B) divert customers to a...

Maximizing Profits on Online Marketplaces Without Losing Control of Pricing, Damaging Your Brand

eCommerce continues to grow in the United States. Among the contributing factors are third-party online marketplaces. Stop Unauthorized Sales on Online Marketplaces. There are many statistics that show just how big eCommerce is in this country. For example, U.S. eCommerce sales totaled more than $101 billion in the third quarter...

Vorys and Market Track Host Webinar

Whitney Gibson, head of Vorys’ online enforcement group, is co-hosting a webinar with Market Track on stopping unauthorized sales. The webinar is free and will be held on January 26 at 2:00 PM Eastern. In the webinar, Gibson and Market Track will discuss the full enforcement cycle and how brand owners can...