Unauthorized

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...

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...

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...

How to Identify Anonymous Unauthorized Marketplace Sellers

According to a Nov. 3 Business Insider report, U.S. consumers are expected to spend an estimated $385 billion online this calendar year. While this generally sounds great for companies engaging in e-commerce, many companies are being harmed by countless anonymous unauthorized sellers. Bad actors online can cause a host of problems.  This includes,...

Gibson to Lead Upcoming Live Webinar on Stopping Unauthorized Sales on the Internet

Whitney Gibson, who leads Vorys’ online seller enforcement group, is presenting an upcoming webinar: “Efficient and Effective Strategies for Addressing Unauthorized Sellers Online.” This webinar, hosted by Lorman, will take place on Friday, Oct. 14, from 1:00 to 2:30 p.m. ET. Gibson will discuss how to integrate technology, investigation and legal tactics...

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 implement...

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 marketplace apps include Mercari and Poshmark. Both offer fun and...

Serving Subpoenas to Identify Unauthorized Sellers on eBay

We have published various posts on our blog about implementing an effective enforcement system to stop unauthorized sales. This includes our recent post featuring a video about our online seller enforcement program.  As mentioned in numerous posts, an ideal enforcement program combines technology, legal and investigation tactics. In this post, we’ll...