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August 23, 2017

Who is Selling Your Products? Investigating and Identifying Third-Party Marketplace Sellers

Brands who handle their investigations internally are familiar with prolonged time investments into investigating marketplace sellers and how infuriating it is when the investigation runs into a dead end. New investigation methods are making it easier to achieve a quick win when seeking to help ...
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June 6, 2017

Cybersquatting and Typosquatting: What Are They and What Can a Mark Owner Do To Respond

Audio Transcript David Howell: Thank you for joining us, my name is David Howell, I'm the Director of Brand Protection, here at the law firm Vorys, Sater, Seymour and Pease. Joining me today is Blake Finney, an associate attorney with our firm. Today we're going to be discussing cybersquatting ...
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April 28, 2017

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 ...
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April 20, 2017

Ten Things You Can Do to Help Your Brand Combat Grey Market 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: ...
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April 3, 2017

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 ...
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February 28, 2017

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 ...
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February 22, 2017

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 ...
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February 14, 2017

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 ...
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January 13, 2017

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

E-commerce 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 e-commerce is in this country. For example, U.S. e-commerce sales totaled more ...
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November 6, 2016

How to Identify Anonymous Unauthorized Marketplace Sellers

According to a Nov. 3, 2016 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 ...