Consumers increasingly rely on e-commerce platforms as a convenient means to purchase goods and services ranging from fashion, electronics, home goods, furniture and appliances, and food and personal care. This trend is highlighted by the significant increase in U.S. consumer spending through these channels. According to U.S. Department of Commerce, consumers spent approximately $602 billion in the U.S. on retail e-commerce platforms in 2019, representing 16% of consumer spending on retail, up from 6% in 2010. Amazon alone accounted for approximately $222 billion, or approximately one-third of e-commerce spending.
While the consumer benefits of digital innovation are plain, an unintended consequence of these e-commerce platforms is the ability for bad actors to ignore the intellectual property rights (IPR) or contract rights of others. For example, certain third-party sellers regularly take advantage of online selling platforms by selling counterfeit goods that appear “authentic” to consumers who are unable to physically inspect the products they are purchasing. In another example, exclusive resellers or distributors often face competition from third-party sellers who do not have rights to sell those products.
Stout’s disputes and intellectual property (IP) team is comprised of professionals with substantial experience in assessing damages involving e-commerce distribution and sales. Our testifying experts have cross-disciplined experience in both litigation and non-litigation engagements, having provided analysis, opinions, and expert testimony involving a wide variety of IP assets including: