The fact that a website was incompatible with screen-reader software for visually impaired users was held insufficient (without more) to state a claim for public-accommodation discrimination under Title III of the Americans with Disabilities Act, in Gil v. Winn-Dixie Stores. Inc., 2021 WL 1289906 (11th Cir. Apr. 7, 2021). The Eleventh Circuit held in a…
Tag: E-commerce
Foreign Companies Can Acquire U.S. Trademark Rights without Direct Sales to Consumers
Direct Niche, LLC v. Via Varejo S/A, 2018 WL 3687868 (11th Cir. Aug. 3, 2018), emphasizes that foreign companies can acquire trademark and service mark rights in the United States even without selling products directly to consumers domestically. Instead, contracts with third parties and publication of the mark are sufficient to confer rights. The Eleventh…