IP Blog
E-commerce
Are E-commerce Sites Liable for Trademark Infringement? The Sixth Circuit Gives Guidance
Can an e-commerce facilitator be liable for trademark infringement when the products they sell are designed by a third-party? The Sixth Circuit says it depends on the degree of control the e-commerce facilitator has over manufacturing, quality, and delivery of product to consumers. Digital marketplaces such as Amazon and eBay are typically not liable for trademark-infringing goods sold through their...
Patents Claim E-commerce not Technical Solution, Fail § 101
A court found that claims of two patents were ineligible under 35 U.S.C. §101 and the Alice/Mayo test because the claims were all “directed to the same economic practice: the idea of presenting discounts or offers for goods and services based on certain criteria, such as a user’s location.” Valentine Communications, LLC v. Six Continents Hotels, Inc., No. 1:18-cv-1815-WMR (N.D. Ga. Jan. 9,...