MAPP Trap Moments - Are All Online Sellers Authorized Sellers
When it comes to online brand protection there are many proven strategies for brand-owners to take. The two most frequently adopted ones are MAP (Minimum Advertised Pricing Policies) and ARP (Authorized Reseller Programs). Brands usually adopt them both. But what are they and what, exactly, do they protect?
Legal Briefs #13 - Defending your Intellectual Property rights
Episode Thirteen Don't miss this essential podcast that will empower you to unlock the full value of your business. Learn how copyrights, trademarks, and patents are invaluable assets in protecting your brand from unauthorized sellers on platforms like Amazon. Listeners will gain indispensable knowledge on safeguarding their intellectual property and securing the future of their brands.
Legal Briefs #12 - Dealing with Gray Market Goods
Episode Twelve delves into the murky world of "Gray Market" goods. What are they? Where do they come from? Why are they bad for brands and consumers? And, more importantly, how can you prevent them and/or legally combat them?
Legal Briefs #11 - Chewy Does It, Why Can't I?!
Episode Eleven answers a common question posed by retailers in the Pet Industry. In this podcast, Ron and Jeremy are joined again by Todd Dittman, Executive Director of the Independent & Neighborhood Pet Retail Association (IndiePet). Our discussion revolves around whether it's legal for brands to enforce their MAP Policies against smaller retailers but not against Chewy.com and other large, online sellers.
Legal Briefs #10 - Amazon Provided Discounts
Episode Ten explains the nuances of Amazon Provided Discounts. In this podcast, Ron and Jeremy are joined by Todd Dittman, Executive Director of the Independent & Neighborhood Pet Retail Association (IndiePet). Our discussion centers around why Amazon 3P resellers are responsible for violating MAP Policies if the discounts are forced on them by Amazon 1P. Or are they?
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?
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 #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 #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 #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 #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 #3 - MAP Policy Enforcement Strategies
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 #2 - Authorized Seller Agreements
Episode Two discusses Reseller Agreements and how unauthorized sellers can be held accountable even after evoking the First Sale Doctrine?
Legal Briefs #1 - Is MAPP a Policy or an Agreement?
Episode One explores the difference between a MAP Policy and a MAP Agreement. Do brands need to get signatures from their customers?