E-Commerce IP Enforcement

As the buying and selling of goods has migrated from brick-and-mortar stores to online marketplaces, it has erased geographic boundaries while creating extraordinary new opportunities for conducting business and engaging in cross-border retail sales. Baker Botts advises clients on how to navigate the numerous legal and regulatory issues that inevitably arise in this competitive marketplace. We are adept at understanding our clients’ objectives and collaborating with them to craft creative solutions that ensure the smooth and continuous operation of their businesses.

With a particular focus on intellectual property rights, Baker Botts assists clients in asserting their patents, trademarks, and copyrights to remove infringing product listings from online marketplaces, such as Amazon, eBay, Walmart, and others, including via the Amazon Patent Evaluation Express (“APEX”) Program. Baker Botts also assists clients in preventing their own products from being wrongfully removed from online marketplaces.

In addition, Baker Botts assists clients beyond their intellectual property rights, working with them to understand, comply with, and even enforce the seller policies implemented by online marketplaces. In this way, Baker Botts ensures that its clients maintain a level playing field in the e-commerce space.

Baker Botts also has a leading Branding, Advertising and Copyright (“BAC”) Practice, which provides the full gamut of brand protection, policing, and enforcement. We counsel clients on a variety of internet and e-commerce issues, including scraping, spoofing, issues related to the metaverse and non-fungible tokens (“NFTs”), and disputes arising under the Uniform Domain-Name Dispute-Resolution Policy (“UDRP”) process. We work closely with clients to establish protection and enforcement procedures that focus efforts on targeting real issues impacting the bottom line without expending resources unnecessarily. We also understand the digital advertising landscape and are well-positioned to help clients lawfully navigate it while effectively engaging consumers. We review social media campaigns, render advice on influencer marketing, provide guidance on native advertising, and help our clients focus their advertising efforts while respecting consumers’ privacy.

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