Oberdorf v Amazon.com Inc; Other various cases

Various courts - 17 August 2020

Mike Turner, Katherine (Kate) Dennis Nye and Andrea Fuelleman, Neal Gerber Eisenberg

Through online marketplaces, the internet has undeniably reshaped the way consumers obtain goods. The availability of nearly anything imaginable is now only a few mouse clicks away, and logistics capabilities have developed that can put your order on your doorstep in no time. But this massively increased access to consumer products is not limited to those that are legitimate. Online marketplaces have also unwittingly provided unscrupulous counterfeiters and infringers with essentially direct access to consumers that they did not previously enjoy. Meanwhile, by operating from foreign countries with often false and ever-changing contact information, the counterfeiters and infringers have generally been able to evade policing attempts by rights owners (ie, companies owning rights to sell authentic products) and products liability claims from consumers. This has caused some rights owners and consumers to pursue online marketplaces directly.