Tyler B. Pensyl
Practice Areas
Industries
Education
- The University of Toledo College of Law, J.D., 2006, summa cum laude, Valedictorian
University of Toledo Law Review, associate member, 2004-2005, technical editor, 2005-2006 - Denison University, B.A., 2003, cum laude
Bar & Court Admissions
Tyler is a partner in the Vorys Columbus office and a member of the Vorys eControl team and litigation group. Tyler’s practice focuses on counseling manufacturers and brands on issues related to e-commerce and online brand protection. As part of his eControl practice, Tyler works with brands to develop customized strategies for addressing the challenges they face related to the unauthorized sales of their products online and on online marketplaces.
Tyler has worked with over 50 brands, including multiple Fortune 500 companies, in helping them gain control of their sales online. Tyler’s experience includes working with brands to develop their e-commerce strategy, preparing authorized reseller policies for brands to implement within their distribution channels, assisting brands with implementing authorized reseller programs and communicating with their channel partners, developing enforcement strategies to remove unauthorized online sellers, and investigating and enforcing against unauthorized sellers on Amazon, Walmart, eBay, and other online marketplaces.
Tyler has also filed lawsuits and obtained judgments against several unauthorized sellers, including on claims for violations of the Lanham Act, trademark infringement, unfair competition, false advertising, and tortious interference. His recent litigation experience against unauthorized sellers includes:
- Obtaining a six-figure judgment, award of attorneys’ fees, and injunction on behalf of a supplement company against an unauthorized seller on Amazon.
- An award of damages, attorneys’ fees, and injunction on behalf of an electronic accessories company against an unauthorized seller on Amazon and eBay.
- Obtaining multiple orders denying defendants’ motions to dismiss and holding that brands can assert claims against the unauthorized sellers listing their products on Amazon.
Tyler also has significant experience litigating other commercial, employment, intellectual property, non-compete, and trade secret matters. He has tried cases in both federal and state court. His trial experience includes obtaining a seven-figure jury verdict in a misappropriation of trade secrets case and a large jury verdict on behalf of a real estate developer against a township.
Tyler received his J.D. from The University of Toledo summa cum laude, where he graduated as Valedictorian and was an associate member and technical editor of the University of Toledo Law Review. He also participated on the Constitutional Law Moot Court Team. He received his B.A. cum laude from Denison University, where he also competed on the Varsity Track and Cross Country teams.
Professional and Community Activities
- Leadership Columbus Class of 2017
- Denison University Varsity D Association, Board Member, 2015-present
- Godman Guild Association, Board of Trustees, 2009-2013
Honors & Awards
- Columbus CEO, Top Lawyers in Columbus, 2015
- Ohio Super Lawyers Rising Stars, General Litigation, 2012-2016
News
- 11/16/2021A Colorado federal court issued a first-of-its-kind partial summary judgment against an unauthorized gray market seller after Vorys attorneys argued the case on behalf of Otter Products, LLC and TreeFrog Developments, Inc. (collectively “Otter”).
- 7/8/2019The rapid growth of Amazon and other online marketplaces has created a new ecosystem in which brands struggle to control their product sales. Brands now find their products sold by anonymous online sellers and face new challenges on an unprecedented scale. The eControl360 Summit is a first-of-its-kind event that will bring together thought leaders in each of the disciplines necessary to tackle these challenges and allow brands to retake control of their online sales.
- 4/15/2019Judge enters final judgement in a case argued by Vorys eControl attorneys that deems unlawful the unauthorized sales of products on online marketplaces.
- 11/19/2018A California federal court has entered a final judgment, in a case argued by lawyers at Vorys, Sater, Seymour and Pease LLP, that strengthens brands’ mission to rid online marketplaces of unauthorized sellers and preserve their brand equity.
- 8/28/2017The College of Law Practice Management, an international organization that recognizes excellence in law practice management, announced today that Vorys was a recipient of a 2017 InnovAction Award. Vorys was one of just two recipients of this year’s award.
- 12/2/2015Vorys is pleased to announce that 63 attorneys from the firm have been named 2016 Ohio Super Lawyers and Rising Stars.
- 1/2/2015Vorys is pleased to announce that John Kuhl, Jacob Mahle, Emily Pan, Tyler Pensyl and Peter Solimine have been named partners of the firm.
- 12/3/2014Vorys is pleased to announce that 74 attorneys from the firm have been named 2015 Ohio Super Lawyers and Rising Stars.
- 12/4/2013Eighty-one attorneys from Vorys, Sater, Seymour and Pease LLP have been named 2014 Ohio Super Lawyers and Rising Stars. 57 Vorys attorneys were named 2014 Ohio Super Lawyer and 24 Vorys attorneys were named 2014 Ohio Rising Stars.
- 12/17/2012Seventy-Seven attorneys from Vorys, Sater, Seymour and Pease have been named 2013 Ohio Super Lawyers and Rising Stars.
- 12/16/2011
Events
- 11/6/2019The rapid growth of Amazon and other online marketplaces has created a new ecosystem in which brands struggle to control their product sales. Brands now find their products sold by anonymous online sellers and face new challenges on an unprecedented scale. The eControl360 Summit was a first-of-its-kind event that brought together thought leaders in each of the disciplines necessary to tackle these challenges and allow brands to retake control of their online sales.
Insights
- 12/20/2012Ohio Governor John Kasich today signed the Amended Substitute House Bill 380, which requires the full disclosure of all asbestos bankruptcy trust claims made by plaintiffs with asbestos lawsuits in Ohio. The law will go into effect 90 days from today.
- 12/14/2012The Ohio General Assembly this week passed Amended Substitute House Bill 380, which requires the full disclosure of all asbestos bankruptcy trust claims made by plaintiffs with asbestos lawsuits in Ohio. The bill is headed to Governor John Kasich’s desk; he is expected to sign the bill.
- 2006