Marketplace Solutions Blog

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

Note: This is the first blog of a three part series covering the First Sale Doctrine. For the second post on material differences, click here or for the third post on quality controls, click here. One of the primary legal claims companies have against unauthorized resellers in the United States ...

Vorys eControl attorneys Whitney Gibson and Daren Garcia have published a white paper that explains best practices for companies seeking to enforce Minimum Advertised Price (MAP) policies and uphold brand value in an eCommerce-driven economy. The paper—“The Winning Strategy for MAP Success ...

Whitney Gibson, partner and co-chair of Vorys eControl, will be a panelist at the Salsify Digital Transformers Summit in Boston on June 5, 2019. Gibson’s panel entitled, “How Brands are Regaining Control of Product Sales on Amazon to Stop Channel Conflict and Brand Erosion,” will focus on ...