‘Tis the season for shipping disclaimers

🎶 You better watch out You better not lie About shipping times I’m telling you whyBuyer lawsuits are coming to town 🎶 The holidays are upon us, and Black Friday sales have already kicked off as companies anticipate shipping delays due to current supply chain issues.  As such, some companies, such as Disney, will not be offering rush […]


Shark Tank is the leading reality TV show where inventors compete to appear on the show to pitch their product and (hopefully) walk away with a lucrative investment or distribution deal.  More common than not, their products and pitches end up being ripped to shreds by the sharp teeth of the judges (successful entrepreneurs such […]

The ADA lawsuit you didn’t see coming

As pandemic restrictions have driven consumers to shop online more than ever before, we have seen a significant uptick in lawsuits filed by disabled (typically blind) plaintiffs against owners of e-commerce websites; claiming the websites do not comply with the Americans with Disabilities Act (ADA).  While many of these suits do have merit under the current […]

Counterfeits on Amazon haunt product owners (and consumers)

In June 2020, upon mounting pressure from the federal government to get the platform’s wicked counterfeit problem under control, Amazon launched its Counterfeit Crimes Unit. The unit, composed of former federal prosecutors, investigators, and data analysts, is tasked with: (1) pursuing civil litigation against suspected counterfeiters; (2) working with brands in joint or independent investigations; and (3) […]

Tiffany ‘blue’ after court ruling

Last week, the United States Court of Appeals for the Second Circuit overturned the decision of the district court in Tiffany & Co. v. Costco Wholesale Corp. that found Costco liable for trademark infringement and counterfeiting of diamond engagement rings bearing the “Tiffany” name. The issue arose in December 2012 when Tiffany contacted Costco regarding […]

USPTO deadlines during the COVID-19 pandemic

In light of the global pandemic, the USPTO has issued some relief from missed patent and trademark filing deadlines and fees.  The relief includes both the extension of deadlines, as well as waivers of fees that would typically be required in the event of missed deadlines.  See below for a breakdown of the current rules and requirements […]

DHS to Amazon: time to take responsibility for counterfeits

As most product marketers are aware, Amazon has a serious problem with counterfeits. What’s worse, is that many of the counterfeits are so convincing, consumers are unaware that they purchased inauthentic product. This is especially true when consumers purchase products under the seemingly protective marker of “fulfilled by Amazon.” Although not all consumers may be […]

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