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Practice Tips for Combating Counterfeiters: An Action Plan for Brands, Manufacturers and Retailers

Intellectual Property Law Blog

The harm caused to brands by counterfeiting goes far beyond loss of sales or profits. Retailers may also face liability for selling fraudulent, poor quality and potentially unsafe goods. Fake goods jeopardize public health and safety when a brand’s trademark is applied to a sub-standard and potentially harmful product.

Branding 147
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2H 2022 Quick Links, Part 2 (Trademarks)

Technology & Marketing Law Blog

” The statute defines merchants as any retailers (not just restaurants), so this statute seems to give all retailers categorical control over third-party pickup/delivery services? .” Also, did the law ban delivery services from buying keyword ads based on the retailers’ trademarks? 2022 WL 3210698 (9th Cir.

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[Guest Post] Thrifted is the new black

The IPKat

According to Boston Consulting Group, the value of the second-hand industry is already 3% to 5% of the general fashion sales, and it’s expected to grow up to 40% in the coming years (see here ). In that case, the brand owner is unlikely to stop the undesirable sale of second-hand goods. So, what does this mean for the IP world?

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

The IPKat

A few days ago, Fashion Law London held another (online) event – this time focussed on the role of online retail marketplaces. Discussion turned to the ever-popular topic of trade mark exhaustion and in particular the post-Brexit position in the UK, where there is unbalanced or lopsided exhaustion as between the EU and UK.

Reporting 128
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Almost 2 Years Post-Cannabis Legalization – A Comparative View of the Budding Industry Across Canada

Canadian Intellectual Property Blog

This article will briefly discuss the federal cannabis framework and delve into the various provincial frameworks adopted across Canada for the recreational sale of cannabis. The Cannabis Act (the “Act”) came into force on October 17, 2018, and legalized the sale, distribution and consumption of recreational cannabis across Canada.

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Bamboozling – Part I: Do Green Claims Require a Life Cycle Analysis?

LexBlog IP

The title of this series is an homage to the great Lesley Fair, who launched and authors many of the best of the FTC’s business blogs and who coined this term in her blog reviewing 2013 cases on the same topic. Then, in 2013, the FTC settled with a group of large retailers that had received the letters. One group paid $1.26

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"Australia's #1" is puffery for product sourced from but not sold in Australia

43(B)log

MaxRelief sells pain relief spray and cream through its website and through online distributors such as Amazon.com and retail pharmacies. First, “Australia’s #1” was puffery, despite the geographical reference and the lack of sales in Australia. Painaway advertised its products as “Australia’s No.