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Controlling Online Distribution Leakage By Unauthorized Sellers | Tarter Krinsky & Drogin LLP

To embed, copy and paste the code into your website or blog: One of the biggest frustrations for brand owners is seeing their products sold through unauthorized distribution channels such as on the Amazon Marketplace. Carefully controlled brand experiences and minimum advertised pricing policies can be destroyed when unauthorized sellers offer the brand owner’s products. This can lead to disgruntled authorized sellers and price erosion. United States trademark law permits the sale of genuine products by unauthorized distributors, and Amazon does not typically take down product listings simply because they are offered by unauthorized sellers. Fortunately for brand owners, the law still provides avenues by which brand owners can limit unauthorized sales. However, if those avenues are misused, the brand owner can be placed in legal jeopardy.

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