The recent passage of the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (INFORM Act) bears significant implications for brand owners and online marketplaces. For brand owners, the disclosure of collected information could yield valuable intelligence about possible counterfeiters. Such information can be used to help brand owners enforce their rights by … Continue Reading
On Oct. 13, President Donald Trump signed a “Memorandum on Stopping Counterfeit Trafficking on E-Commerce Platforms Through Fines and Civil Penalties.”[1] This memorandum builds on his prior Jan. 31 executive order, discussed in the first article of this series, on the increased focus in 2020 on combating the sale of counterfeit goods. The president’s latest … Continue Reading
This post is the second in our ongoing series on the heightened focus in 2020 on combating the sale of counterfeit goods. Our first article focused on the actions of the executive branch, while this article discusses the actions of the legislative branch in the fight against the sale of counterfeit goods. In early March, … Continue Reading
The Supreme Court has definitively answered the question of whether a plaintiff in a trademark infringement suit is required to show, as a precondition to a profits award, that a defendant willfully infringed the plaintiff’s trademark. By a unanimous vote, the Supreme Court said NO. In Romag Fasteners, Inc. v. Fossil Group, Inc., Romag, a … Continue Reading
Combating counterfeit goods has become a serious focus of the U.S. government in 2020. This article is the first in an ongoing series about the actions being taken in this fight and the implications for e-commerce platforms and companies seeking to protect their brands from the threat of counterfeit goods. The U.S. Department of Homeland … Continue Reading