Patent Owner Enforcement Perspective: Amazon Utility Patent Neutral Evaluation Procedure

This is the second post in Aftermarket Law’s series on Amazon’s new Utility Patent Neutral Evaluation Procedure.  For the first post in the series, click here.  This post discusses the general advantages of the Amazon Utility Patent Neutral Evaluation Procedure and then presents a case study of one of our recent proceedings.  Every case is different, and previous results are no guarantee of future performance.  But Read More

The Mythical Off-Road Exemption: It Doesn’t Exist in the Clean Air Act

In recent years, the popularity of racing, both off-road and on the racetrack, has exploded in the United States. This $5 billion per year industry is a testament to our country’s long standing passion for the automobile. Thousands of aftermarket manufacturers feed that passion with performance parts that help a car race better on the track or go off-road.  There’s a prevalent myth in the automotive aftermarket that Read More

The New Frontier of the Amazon Brand Registry

As a global distributor of goods and products, Amazon is a uniquely positioned company in the intellectual property world. Given the enormous volume of products and sellers on its marketplace, Amazon has decided to create its own Brand Registry. With the creation of the Brand Registry, in order to sell products on Amazon under a mark or brand, the seller must register the mark with Amazon’s Brand Registry. To be Read More

What Every General Counsel Should Advise Their Client To Do To Protect Products at SEMA360

SEMA360 is scheduled to “open” November 2-6, and I am sure you are all in full preparation mode for this new format.  While we do not know how SEMA360 will compare to the live version, many of the same issues that you face going to a trade show apply.  In this Blog Post, we’re going over the advice every general counsel should offer to a client who wants to protect products from competitors at Read More

A Powerful New Weapon to Combat Knockoffs: Amazon’s Neutral Utility Patent Evaluation

For years, eCommerce platforms have been a safe haven for the sale of knock-off products and utility patent infringement.  While you could file an intellectual property complaint, the eCommerce platforms felt they could not take sides, effectively forcing patent owners to court when their rights were otherwise clear.   Meanwhile, Aftermarket Patent Owners watched with frustration as knock-off Read More