Remove topics manufacturer-liability
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Practice Tips for Combating Counterfeiters: An Action Plan for Brands, Manufacturers and Retailers

Intellectual Property Law Blog

If a consumer is injured by a counterfeit product, anyone who manufactures or distributes the product may be liable under tort law. Retailers may also face liability for selling fraudulent, poor quality and potentially unsafe goods.

Branding 147
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[Guest post] Conference report: ‘The Fashion Marketplace: Law and Policy’

The IPKat

Topics ranged from the trends being seen in online fashion commerce post-pandemic, to counterfeiting issues and how to deal with them, through to the legal changes and updates coming up that will impact both marketplaces and the brands that use them. Privacy concerns might, it was said, be a barrier to market for such traders and suppliers.

Reporting 128
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Is the California Legislature Addicted to Performative Election-Year Stunts That Threaten the Internet? (Comments on AB2408)

Technology & Marketing Law Blog

This bill assumes that social media platforms are intentionally addicting kids, so it creates business-ending liability to thwart those alleged addictions. I explain all of this in my post on AB 2273 (the AADC) , which redundantly also would require platforms to authenticate all users’ ages to avoid business-ending liability.

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Healthcare Res. Mgmt. Grp., LLC v. Econatura All Healthy World, LLC – A Cautionary Tale: Meticulous or Careless Strategy Required to Prove Your Trade Secret Claim

LexBlog IP

District Court for the District of Florida, a healthcare product manufacturer’s claim of trade secret misappropriation against a competitor and a customer was thrown out on summary judgement. Healthcare Res. Econatura All Healthy World, LLC , No. 9:20-cv-81501-Matthewman, 2021 U.S. LEXIS 206871 (S.D. at *4-6, 15.

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If TOS Formation Fails, Bad Legal Outcomes Are Likely to Follow–Doe v. Roblox

Technology & Marketing Law Blog

Users can manufacture virtual items in-game, and other users can buy those items using Robux, with Roblox taking a cut of the transactions. Liability would instead attach for Roblox’s own failure to disclose that it can delete previously purchased items with no warning. This case involves Roblox, a virtual world. Section 230.

Contracts 123
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Texas Supreme Court Says Amazon Isn’t the Seller of Marketplace Items It Fulfills–Amazon v McMillan

Technology & Marketing Law Blog

The Fifth Circuit certified the following question to the Texas Supreme Court: Under Texas products-liability law, is Amazon a “seller” of third-party products sold on Amazon’s website when Amazon does not hold title to the product but controls the process of the transaction and delivery through Amazon’s Fulfillment by Amazon program?

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Artists Attack AI: Why The New Lawsuit Goes Too Far

Copyright Lately

If you’re interested in doing a deeper dive into how all of this works, I recommend following Andres Guadamuz’s blog on the topic.) Grokster (which rejected a vicarious liability claim). The manufacturer would need to take additional action that contributed to or induced infringement by users. of America v.