September 25, 2015
Many brands today are noticing that unauthorized third party sellers are selling large amounts of their products over the internet. Some of these brands are working hard to stop product diversion and the related unauthorized online sales. Others, however, are not -- or they simply do not know ...
September 14, 2015
Courts can hold parties liable for Trademark Infringement under the federal Lanham Act for something seemingly as trivial as scraping off unique production codes (UPCs). Under the First Sale Doctrine, a purchaser of another's genuine trademarked good can ordinarily resell that product. In other ...
September 3, 2015
A business pursuing legal recourse against an unauthorized seller will likely find itself negotiating with him or her. Settlement agreements should be fact-specific. Thus, a business should not recycle a standard agreement and use it in every case. However, there are several things businesses ...
August 26, 2015
Brand owners and manufacturers are not the only ones with something at stake when it comes to online sales. Beyond the businesses themselves, authorized sellers are also concerned about product diversion and unauthorized sales on third-party websites. When companies arrange for their products ...
August 19, 2015
Companies often struggle with how much time and effort to put into curbing unauthorized sales. For some, the problem seems so widespread that the fight can seem fruitless. After all, selling products online is easy and most websites offering third-party sales are easy to use. But does this mean ...
August 11, 2015
Tortious Interference Claims: Legal Tools for Enforcing Agreements with Distributors, Independent Consultants
Tortious Interference Part 1: The Knowledge Requirement In this series, we will explore legal tools to enforce contracts with authorized sellers and independent consultants. This post will focus on "Tortious Inteference". Sales are the lifeblood of any business. And having a strong distribution ...
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