Patents had Apple v. Samsung. Copyright has Oracle v. Google. Now a knock-down drag-out trademark fight is brewing between two of America’s premier retailers. Amazon.com and Williams-Sonoma Inc. have hired blue-chip lawyers to fire the opening shots in a bid to shape trademark rules for 21st century e-commerce.
On one side, Stanford professor and Durie Tangri partner Mark Lemley is wielding the first-sale doctrine in a bid to maintain space for Amazon to market Williams-Sonoma-branded merchandise on Amazon’s website. On the other side, Orrick, Herrington & Sutcliffe partner Annette Hurst, a chief architect of Oracle’s two Federal Circuit wins in its copyright war with Google, comes armed with longstanding trademark authority—plus a quirky 2016 Ninth Circuit decision involving fake Trader Joe’s stores.
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