Last month, Managing Partner Stanley Ference of Ference & Associates joined Jonathon Kersting of the Pittsburgh Technology Council on 10 Minute Tech Talks to discuss a topic every US entrepreneur selling online should care about: how recent trade policies could finally level the playing field for US-based businesses competing in a global marketplace.

In this quick but powerful episode, Stanley breaks down the real risks entrepreneurs face from international competitors — and how changes in trade policy could offer a path to fairness and opportunity.

Here are five key things you need to know:

1. Foreign Sellers Currently Undercut US Businesses
   Stanley explained how foreign sellers, especially from countries like China, are flooding e-commerce platforms with knockoff versions of US-made products. These copies often look identical and are sold at a much lower price, sometimes using the exact same marketing and images — devastating legitimate sellers.
2. The De Minimis Loophole Gives Foreign Sellers a Free Pass
   Under the “de minimis” rule, products shipped into the US valued under $800 aren’t subject to tariffs, taxes or even inspection. This has allowed millions of low-cost packages from abroad to enter the US market unchecked, creating an unfair advantage for foreign manufacturers.
3. Trump’s Executive Order Seeks to Close That Loophole
   The Trump administration has targeted this issue by issuing an executive order to curb the de minimis exception. While full implementation is currently delayed to avoid overwhelming customs infrastructural changes, the move signals a potential shift that could make foreign goods more expensive — giving US businesses a fighting chance.
4. China’s Fast Fashion Giants Are Already Feeling the Heat
   One of the largest beneficiaries of the de minimis loophole is Shein, the Chinese fast fashion juggernaut. As a direct result of these policy shifts, Shein has slashed its IPO valuation by billions. That’s a sign these changes could significantly alter the competitive landscape in favor of American sellers.
5. Entrepreneurs Need to Stay Informed — and Act Now
   This isn’t just politics. This is business strategy. Stanley emphasized that understanding and adapting to trade policy shifts could protect your revenue, intellectual property and long-term viability. These changes could “rewrite the rules of online commerce,” offering a rare opportunity to compete on more equal footing.

Takeaway:

If you’re selling products online, it’s time to pay attention to how trade policy is evolving. The playing field may finally be leveling — and that could mean growth, security and sustainability for your business.

Understanding the complexities of intellectual property (IP) law is crucial for businesses aiming to protect their innovations, sales and to maintain a competitive edge when selling on Amazon or other online marketplaces.  

Comprehending Intellectual Property

Intellectual property encompasses creations of the mind, such as inventions, literary and artistic works, designs, symbols, names and images used in commerce. Protecting these assets is essential to prevent unauthorized use and to capitalize on your innovations.

Patents

Patents grant exclusive rights to inventors, allowing them to prevent others from making, using or selling their inventions without permission. Our attorneys assist clients in preparing and prosecuting patent applications across various technical fields, including computer hardware, software, life sciences, chemical, electrical and mechanical industries.

Trademarks

Trademarks protect brand identifiers like logos, names and slogans that distinguish your products or services. We guide clients through the trademark registration process, ensuring that their brands are legally protected and advising on enforcement strategies against infringement.

Copyrights

Copyrights safeguard original works of authorship, including literary, musical and artistic works. Our firm prosecutes copyright registrations, staying abreast of legal trends to effectively protect your creative assets.

IP Litigation and Online Protection

In cases of infringement, our experienced litigators represent clients in enforcing their IP rights. We also offer online protection services through our eFence program, targeting counterfeit products and unauthorized use of IP across digital platforms.

Developing an IP Strategy

A proactive IP strategy is vital for businesses, especially for startups and entrepreneurs. Implementing a prevention strategy using thorough research can help avoid inadvertent infringement and protect your assets.

At Ference & Associates, we are committed to providing personalized attention and exceptional counsel to help you navigate the complexities of intellectual property law. Our team of skilled attorneys is dedicated to protecting your innovations and ensuring your business thrives in today’s competitive landscape.

Protecting your intellectual property (IP) is crucial for maintaining your brand’s integrity and profitability on platforms like Amazon. Unauthorized sellers and counterfeit products can erode customer trust and damage your reputation. Implementing a robust IP protection strategy is essential for Amazon sellers.

Protection service agencies are not a complete solution. At Ference & Associates we not only pro-actively monitor your IP but we take down counterfeit sellers in a swift and cost-effective manner.

Using Intellectual Property to Fight Counterfeiting: Ference & Associates’ Approach

Ference & Associates specializes in combating online counterfeiting and offers comprehensive services to protect your brand:

• Market Surveillance: We continuously monitor online marketplaces to identify potential counterfeiters.
• Legal Enforcement: Our team takes swift action against infringers by filing cases against unauthorized sellers on platforms like Amazon, eBay, Alibaba and AliExpress.
• Strategic Counseling: We provide guidance on registering your IP, enrolling in brand protection programs and developing distribution plans to safeguard your products.
• eFence Program: Our proprietary eFence program offers online protection services, targeting counterfeit products and unauthorized use of IP across digital platforms.

The WTR Brand Strategy Summit, held in New York on October 8-9, 2024, brought together senior brand leaders, legal professionals and policymakers to explore critical topics in brand protection and trademark enforcement. Stanley D. Ference, Founder of Ference & Associates, was honored to be among this group of leaders in the field of intellectual property.

The event emphasized innovative strategies to combat the growing challenges of counterfeit products and intellectual property infringement, particularly in the digital realm. According to Stanley Ference, “This event reminded brand owners of the importance of protecting their intellectual property from counterfeiters.”

2024 WTR Brand Strategy Summit Key Takeaways

Key takeaways from the summit include discussions on mobilizing consumers to play a more active role in monitoring the anti-counterfeit market, leveraging new technologies to report unauthorized advertisements and fake profiles and drawing clear boundaries between fan engagement and infringement. A standout session focused on how to educate consumers and fans about the fineline between brand admiration and unauthorized exploitation.

Furthermore, participants emphasized the importance of preparing for changes in the digital landscape, particularly with the introduction of new domain spaces. Legal and brand protection experts underscored the need for forward-thinking approaches to adapt to these evolving challenges.

In summary, the summit highlighted the importance of collaboration between brands, legal professionals, and consumers to protect intellectual property in the digital age. The key message was clear: proactive and innovative strategies are essential to staying ahead in an increasingly complex and global marketplace.

A 2021 study by Fakespot, a company specializing in detecting fraudulent reviews, found that about 30% of online reviews on major platforms like Amazon are fake or unreliable. Other studies suggest that up to 10-15% of reviews on Yelp and 4-6% on TripAdvisor may be fraudulent.

To combat the proliferation of fake online reviews, the Federal Trade Commission (FTC) announced a new rule aimed at combating fake reviews and testimonials, prohibiting their sale or purchase, and allowing the agency to pursue civil penalties against those who knowingly violate the regulations.

Protecting Consumers and Honest Businesses From Fake Reviews

“Fake reviews waste people’s time, money, and undermine fair competition,” said FTC Chair Lina M. Khan. “This new rule enhances our ability to fight deceptive advertising, protect consumers from being misled, and promote a fair and honest marketplace.”

Key Provisions of the Final Rule

The rule, finalized after a series of public comments and hearings, outlines strict prohibitions to curb the use of deceptive reviews:

1. Fake or Misleading Reviews and Testimonials: The rule bans fake reviews, such as those generated by AI or created by individuals who have not actually used the product or service. It also prohibits businesses from buying or selling such reviews and from using testimonials that misrepresent the experience of the reviewer.
2. Paid Reviews: Companies are prohibited from offering any form of compensation or incentives in exchange for reviews that express a specific positive or negative sentiment, whether the offer is explicit or implied.
3. Insider Reviews: The rule bans reviews from company insiders—like officers, managers, employees, or agents—unless their connection to the business is clearly disclosed. This includes reviews solicited from insiders’ family members or employees.
4. Deceptive Review Sites: Businesses are prohibited from falsely presenting websites or platforms they control as independent sources of reviews, especially when these sites include reviews of the company’s own products.
5. Review Suppression: The rule prohibits businesses from using threats, intimidation, or false legal claims to suppress negative reviews. It also prevents companies from misrepresenting the overall sentiment of reviews on their websites when they have selectively suppressed negative feedback.
6. Misuse of Social Media Metrics: The rule bans the sale or purchase of fake social media indicators, like followers or views, when these metrics are used to misrepresent a business’s influence or popularity.

Strengthening FTC’s Enforcement Abilities

This final rule addresses the limitations of case-by-case enforcement and enhances the FTC’s ability to penalize violators. The Supreme Court’s decision in AMG Capital Management LLC v. FTC had restricted the FTC’s capacity to seek financial relief for consumers, making this new rule an essential tool for deterrence.

The rule will take effect 60 days after publication in the Federal Register.