Milo & Gabby LLC is involved in a trademark dispute with Amazon, whose case could be decided by the U.S. Supreme Court. A lower court ruling stated that Amazon was not liable for the pillowcase knock-offs because it did not actually sell or offer to sell them. Milo & Gabby said this allows for online marketplace distributors to escape liability.
Eric Perrott was quoted by Bloomberg Law about Amazon’s role in selling third-party goods:
“The central question in the case is when Amazon’s involvement in third-party sales transforms it from a mere platform for distributing goods to a seller of those goods […] Developing a bright-line rule would be difficult, he said.
“If the high court ultimately hears the case, and sends it back down to the U.S. Court of Appeals for the Federal Circuit, it could “open the door to figuring out where that line is,” Perrott said.
Source: Kramer, A. “Amazon May Face Supreme Court Pillow Fight”. BNA.com. September 29 2017.