Is Amazon Liable For IP Violations By Its Marketplace Vendors? (Forbes Cross-Post)

13 11 2015
Technology & Marketing Law Blog
July 29, 2015
Eric Goldman
I wonder if trying to educate consumers about fake animal-shaped pillowcases just makes consumers more interested in finding the cheaper option?

Animal-shaped pillows are cute and fluffy, except when they spur litigation. Recently, the Milo & Gabby brand sued Amazon for IP infringement because merchants allegedly sold knockoffs of its “Cozy Companion Pillowcases.” Amazon has successfully avoided IP liability for its marketplace, and a recent ruling rejected most of Milo & Gabby’s claims. However, a key piece of Milo & Gabby’s claim survived Amazon’s dismissal attempt, leaving the possibility that Amazon could be liable for merchants’ IP violations.


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