White Papers

THE GRAY MARKET MAZE

THE GRAY MARKET MAZE

INTRODUCTION If you ask anyone in your in-house Intellectual Property team what the black market is, they’ll probably come up with a pretty good answer. The black market involves the manufacture and sale of counterfeit products. Now ask them about the gray market....

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Unauthorized Sales & The First Sale Doctrine

Unauthorized Sales & The First Sale Doctrine

Material Differences Matter Your company’s pre-litigation trademark protection analyses must include a material differences strategy. Just as E-Commerce has grown exponentially over the past decade, so too have crimes and frauds involving online sales. Given that the...

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THE AMAZON BUY BOX EFFECT

THE AMAZON BUY BOX EFFECT

Amazon’s relentless quest to dominate the retail marketplace is harming manufacturers – learn how owning the Buy Box can lessen that harm. In 2013, author Brad Stone penned a book entitled, “The Everything Store: Jeff Bezos and the Age of Amazon.” The name is fitting....

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AMAZON MAP ENFORCEMENT – WHAT WORKS AND WHAT DOESN’T

AMAZON MAP ENFORCEMENT – WHAT WORKS AND WHAT DOESN’T

It’s one thing to identify MAP violators. It is quite another thing to stop them. Today’s retail marketplace is driven by E-commerce. In many ways, this is a good thing for manufacturers. If its products are sold online, a company can use computerized technologies to...

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UNAUTHORIZED SELLERS ON AMAZON – NOW WHAT?

UNAUTHORIZED SELLERS ON AMAZON – NOW WHAT?

Many people are surprised to learn that most sales made on Amazon.com are made by third parties. In fact, Amazon itself sells less than one third of the products offered on its website. This is not necessarily a bad thing, as most third party sellers are legitimate...

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