May 2018

Kelly McCarthy and Erica Portnoy discuss counterfeit and gray marketing  issues in “Welcome to the Jungle” at the 2018 Legal & Regulatory Conference of the Personal Care Products Council


Featured Topic: Counterfeit & Gray Marketing

“Welcome to the Jungle – Trekking the Amazon”: The online marketplace has changed the way the public shops. Customers are drawn to Amazon’s low prices, aura of authenticity and easy shipping options, all of which are fueled by the presence of counterfeit and gray market products and unauthorized third party sellers. When deficiencies in these products are discovered by the customer, it is your brand’s reputation being tarnished, and not that of Amazon or the actual seller. The rise of Amazon has placed a heavy burden on brand owners, and personal care companies are particularly at risk because of the increased health risk. Trekking the Amazon is not easy — but there are strategies you can put in place to protect your brand!


  • Kelly P. McCarthy, Partner, Sideman & Bancroft, LLP, San Francisco, CA
  • Erica Brand Portnoy, Partner, Sideman & Bancroft, LLP, San Francisco, CA