In this week's post, we see as Amazon continues to rapidly grow in product offerings with insufficient protections to prevent illegal online sales, big brands are opting out of sales through Amazon and consumers are left to decipher through unauthorized sellers for their own protection.  

Also, a Terms of Use agreement or Terms and Conditions, as it is sometimes called, is an important part of an eCommerce website.

Amazon Unauthorized Sellers: Their Low Priced Products Could Cost You Your Safety

Who hasn’t used Amazon for something? It is likely most people have and the giant marketplace is only getting bigger with offering Amazon branded goods claimed as the equivalent of name brands, and its huge base of third-party resellers offering just about anything under the sun. But, consumers should be cautious and informed of the battle of brand names against the rampant rise of Amazon unauthorized sellers, how it can adversely affect consumers, and how illegal sellers can be spotted. 

Read more here.

Website Terms of Use

A Terms of Use agreement is important for limiting the potential liability of website owners and operators, protecting intellectual property rights, and establishing other contractual terms or policies relating to the use of the site. In addition, a Terms of Use agreement can also serve as an important marketing tool by setting the tone and providing information about the substance of the website.

The basic objective of a Terms of Use agreement is to form a binding contract with the user that licenses access to the website and use of intellectual property found there, as well as limit the website owner’s liability. Enforceability of a Terms of Use agreement is based on the theory that a contract is formed between the party offering the website and the user of the website. However, the enforceability of this contract depends largely on how the Terms of Use agreement presented to the website user.

Find the full article here.

Click to read the previous Weekly IP Buzz on Thriving Attorney.

For more posts, see our Intellectual Property Law Blog.

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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.