About a year ago, I published an article published on IPWatchdog.com regarding the challenges and developments in enforcing IP rights against online infringers, attached for your convenience.


My article included a discussion about Ohio State University's efforts in an action for direct trademark infringement against online marketplace provider Redbubble, which provides a platform for independent artists to design the items that are listed on Redbubble’s website. Once a customer places an order, the third-party manufacturer produces the product, and another party ships the finished item to the buyer.  The district court found that Redbubble’s actions resemble those of an auction house as opposed to companies that themselves manufacture and ship infringing products to a customer and granted Redbubble’s cross-motion for summary judgment.  

OSU appealed to the Sixth Circuit, and has received a favorable opinion, as discussed in this excellent new article by David Bernstein and team. 

Notably, INTA filed a persuasive amicus brief in favor of OSU's position.