In The Media
Brinks Counsel Susan Frohling is Quoted in IPWatchdog
Published By IPWatchdog
February 27, 2019

On February 27, 2019, Brinks Counsel Susan Frohling was quoted in the IPWatchdog article, "Amazon's Counterfeit Problem is a Big One - for Shareholders, Brand Owners and Consumers Alike."

Excerpt below. 

On February 1,, Inc. filed a Form 10-K annual report with the U.S. Securities and Exchange Commission. Along with reporting its year-end earnings for the 2018 fiscal year, this particular SEC filing was notable because Amazon officially acknowledged to shareholders that the company’s online sales platforms face the risk of being found liable for fraudulent or unlawful activities of sellers on those platforms. This includes the company’s first-ever concession that Amazon may be unable to prevent sellers trafficking counterfeit and pirated goods.

. . . .

Amazon’s counterfeit woes may be receiving much more mainstream attention in recent months, but it’s hardly the only problem the e-commerce giant has been having with unauthorized sales. Susan Frohling, Counsel at Brinks Gilson & Lione, has represented brand owners who sell luxury goods and who have had to deal with unauthorized sales of their genuine products on Amazon. Generally, these products are only supposed to be made available through a network of authorized dealers, but brand owners have difficulty controlling downstream access due to the first sale doctrine, which generally allows for resale of genuine products in an unchanged state. “Somehow the products get out of their normal distribution channel and they end up on Amazon,” Frohling said. “That can be very problematic in a luxury goods context, where a brand owner will want to protect pricing and provide consumers with a specialized sales force and warranties, which they miss out on when they buy the products online.”

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