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From Aspen to Amazon – The Duty to Deal in an Era of Technological Gatekeepers

Hilgers PLLC

Amazon is the unrivaled king of online shopping today, with Q3 sales in 2025 reaching $180 billion and estimates for Q4 reaching $211 billion.  Even to the casual observer, the proliferation of Amazon trucks and smiling cardboard boxes littering American doorsteps attest to this reality. Likewise, Google has long dominated the search engine and online ad space industry. Both companies do more than simply operate these goliath platforms; they utilize them to their own advantage. Google promotes its advertisements over those of its competitors, and Amazon promotes its own distributors in the same way. But given their market dominance, what duty do these companies and those like them have to deal an even hand to their competitors?

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Choosing Your Battlefield: IP Enforcement in Federal Court vs. the ITC

Hilgers PLLC

When a company discovers that a foreign entity is infringing its intellectual property, the initial decision is where to bring an enforcement action. Federal district courts are by far the most common venue for cases. Yet for certain rights holders, the U.S. International Trade Commission (ITC) is a unique and powerful alternative. Choosing between these forums—or using both—requires a clear understanding of how the ITC works, how it differs from district court litigation, and what types of relief each can provide.

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