Marissa MacAneney

With brick-and-mortar stores closing at rapid paces and online sales surging, marketers are developing new models to facilitate sales through innovative online platforms. One of those new business models is Redbubble’s hybrid “print-on-demand” service. Two recent Court of Appeals decisions – from the Sixth and Ninth Circuits – consider important questions about when these new approaches to online sales gives rise to liability for trademark infringement, trademark counterfeiting, and right of publicity violations.

In the past week, the COVID-19 pandemic has led courts across the country to close buildings, postpone hearings, adjust filing rules, and revamp their typical approach to pending cases. These changes have created new uncertainties for litigants and their counsel in cases requiring emergency relief, but our initial survey of public statements and emerging practices from leading courts around the country provide some reassurance that courts are mostly continuing to function normally, with changes to filing procedures and arguments being heard by phone.