Episode Three discusses the nuance of enforcement actions. Are warnings a good strategy? Should they immediately suspend violating sellers? Or should a brand employ a graduated cut-off?
Legal Briefs #4 - Selective MAPP Enforcement
Episode Four reveals if a brand has to enforce their policy in exactly the same way with all of their resellers. You may THINK you know the answer but guess what?
Legal Briefs #5 - Selective MAPP Pricing
Episode Five answers questions about the actual price used for a minimum advertised price policy. Should MAP be MSRP? Can a brand enforce different MAPP prices for different sellers? Is it even legal?
Legal Briefs #6 - First Sale Doctrine
Episode Six explains the First Sale Doctrine. How can a brand contest a seller's argument that they own the product so they can do whatever they want with it?
Legal Briefs #7: MAP Policy Must-Haves
Episode Seven reviews why there is no one-size fits all MAP Policy. Penalties could be different. Some could include shipping in the total advertised price, others not. Some do or don't include bundling, listings that say 10% off, MAP holidays, etc. But there ARE certain terms that ALL MAP Policies should have. What are those?
Legal Briefs #8: Digital Millennium Copyright Act
Episode Eight explores how brands can use the
Digital Millennium Copyright Act (DMCA) to help stop unauthorized and unknown online merchants from selling their products. Can it be used on Amazon and Walmart? Can you go to a domain registrar? What can be done if a merchant ignores the brand’s efforts?
Legal Briefs #9: Wholesale Distribution Agreements
Episode Nine delves into why wholesale distributors represent a double-edged sword. They're great for a brand to get products to a wide number of retailers but a large percentage of those retailers become MAP violators. And because of their strong profit margins many distributors sell online themselves which creates a very unlevel playing field. How can a brand protect itself and still have a good relationship with the distributors?