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August 27, 2019

Whitney Gibson to Present at Forrester Research Webinar

Whitney Gibson, partner and chair of Vorys eControl, will join Sucharita Kodali, a principal analyst with Forrester Research for an upcoming webinar entitled “Protecting Your Brand on the Rogue Web: eControl is Essential” on Wednesday, September 4, 2019. Gibson and Kodali will discuss the ...
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August 22, 2019

Intro to Intellectual Property Law Part II: What is Patent Law?

There are three primary and distinct types of intellectual property implicated in eCommerce—trademark, patent, and copyright—each with its own set of laws to protect different types of subject matter and indicia of source for goods and services. This three-part series gives a general ...
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August 20, 2019

Whitney Gibson to Lead Session at Tinuiti’s AdDiego 2019 - Regaining Control of Product Sales on Amazon to Stop Channel Conflict and Brand Erosion

Whitney Gibson, partner and chair of Vorys eControl, will lead a session called “Regaining Control of Product Sales on Amazon to Stop Channel Conflict and Brand Erosion” at Tinuiti’s AdDiego on September 19, 2019 in San Diego, Calif. In this session, attendees will hear first-hand ...
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August 15, 2019

Recent Federal Court Decision Allows Brand’s Claims to Proceed Against Unauthorized Amazon Seller

A Utah federal court has denied a motion to dismiss filed by an unauthorized grey market seller, allowing the brand’s claims against the unauthorized seller to proceed. Daren Garcia of Vorys, Sater, Seymour and Pease LLP argued the case on behalf of Skullcandy, Inc., which manufactures and ...
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August 12, 2019

Intro to Intellectual Property Law - Part I: What is Trademark Law?

There are three primary and distinct types of intellectual property implicated in eCommerce—trademark, patent, and copyright—each with its own set of laws to protect different types of subject matter and indicia of source for goods and services. This three-part series gives a general ...
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July 31, 2019

Whitney Gibson Scheduled to Speak at B2B Next Conference in October

In the age of eCommerce, many brands are trying to determine the best way to control and grow sales of their products on Amazon and other third-party marketplaces. A lack of control often results in brand erosion and leaves a trail of channel conflict, negative reviews and lost sales. Whitney ...
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July 23, 2019

Recent federal ruling holds Amazon to strict products liability standard after customer injured by product

Highlighting need to protect product quality in online marketplace channel Update: Upon petition by Amazon, the U.S. Court of Appeals for the Third Circuit has vacated its ruling in Oberdorf v. Amazon.com Inc. and listed the case for rehearing en banc (to be heard by the entire Third Circuit ...
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July 8, 2019

Inaugural eControl360 Summit to Address Growing Challenges for Brands in the Amazon Age

The rapid growth of Amazon and other online marketplaces has created a new ecosystem in which brands struggle to control their product sales. Brands now find their products sold by anonymous online sellers and face new challenges on an unprecedented scale. The eControl360 Summit is a ...
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June 27, 2019

The "Quality Controls" Exception to the First Sale Doctrine

As discussed in Part I of our three-part series on the first sale doctrine, the first sale doctrine provides that it is generally legal for an individual to resell a trademarked item after it has been sold by the trademark owner in an authorized sale, even if the resale is without the trademark ...
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June 20, 2019

The “Material Difference” Exception to the First Sale Doctrine

As discussed in Part I of our three-part series on the first sale doctrine, the first sale doctrine provides that it is generally legal for an individual to resell a trademarked item after it has been sold by the trademark owner in an authorized sale, even if the resale is without the trademark ...