Many companies tell authorized retailers or distributors that they will exclusively sell their products through them. Such a company might also have a written policy against product diversion and unauthorized online sales. This looks good for purposes of marketing and trying to convince prospective retailers and distributors to distribute their products.
Angela Gibson, a partner in the Vorys Cincinnati office, and Mike Griffaton, of counsel in the Vorys Columbus office, co-authored an article for the Cincinnati Business Courier titled “Prepare Now for Change in Pay Laws.”
Retailers that have seen declining profits in traditional brick and mortar stores have turned to the internet to drive consumer sales. However, the e-commerce boom is not without its challenges. This in-depth article outlines the laws governing online marketing and advertising.
Jackie Ford, a partner in the firm’s Houston office and a member of the labor and employment group, authored an article for the April 2016 edition of Texas Lawyer> titled “Prepare for Significant Changes in Employment Law.”
If a company suspects that an online seller is engaged in the unauthorized re-selling of its products online, it is up to that company to take action and attempt to enforce its policies and procedures — to the extent that it has any.
Employers are vulnerable to being the targets of negative online and social media postings, and sometimes these statements can give rise to defamation claims. However, an employer considering suing a current or former employee for internet defamation must be careful if the (ex-)employee recently engaged in protected activity.
Mr. Smith, a widower, died survived by his three children. At the time of his death, Mr. Smith had the following assets: Residence (valued at $250,000), Checking/Savings Accounts (valued at $50,000) and Investment Account (valued at $600,000).
Unauthorized online sales have become very problematic for many businesses, including those offering high-end luxury products, companies selling beauty and skin care products and also multi-level marketing (or MLM) companies.
Companies from many industries have long been contracting with distributors to sell products on an exclusive basis. As technology has evolved, however, it has become easier for anyone to sell products on the internet, and the diversion of products to unauthorized online sellers poses a serious threat to companies.
Vorys Partners Pete Lusenhop and John Keller authored an article titled “Deduction of Post-Production Costs – An Analysis of Royalty Calculation Issues Across the Appalachian Basin” for the for the 36th Annual Energy & Mineral Law Institute Publication.
Monica Oathout, a partner in the Vorys Houston office and a member of the labor and employment group, authored an article for Texas Lawyer titled “Open Carry Law Presents Unsightly Small Business Problems.”
In recent years, there has been backlash against non-disparagement clauses pertaining to online reviews, specifically those attempting to restrict honest—albeit negative—feedback about companies. In fact, California passed a law in August 2014 prohibiting anti-negative review policies, while the Federal Trade Commission filed its first ever lawsuit over similar non-disparagement clauses last September.
Aaron Williams, an attorney in the Vorys Cleveland office and member of the litigation group, authored an article titled “Oil and Gas Drilling and Operations in Ohio: The Evolution of the State’s Sole and Exclusive Regulatory Authority” for LexisNexis/Matthew Bender’s Proceedings of the Institute on Oil and Gas Law.
Grey market goods generally refer to items manufactured in one country and imported into another (e.g. products created abroad that are imported into the United States) without consent from the trademark owners.
Allegations of “greenwashing”—generally defined as “the practice of making an unsubstantiated or misleading claim about the environmental benefits of a product, service, technology or company practice”—are on the rise.
Jolie Havens, the chair of the firm’s health care group, and Stephanie Angeloni, an associate in the health care group, co-authored an article for Crain’s Cleveland Business titled “Legislative Action Impacting Medicare Provider-Based Payment Means Big Change for Hospitals.”
When it comes to handling internet defamation issues and other online reputation attacks—specifically in terms of removing the content from the internet— the solutions are, in one word: fact-dependent. There is no other way to describe it; there is no perfect solution that can be applied to every instance of online defamation.
Ordinary consumers are often unable to distinguish counterfeit products from legitimate products. In fact, according to a recent study, nearly one in four consumers has unknowingly purchased a counterfeit product on the internet.