USPTO Comments Should Lead to E-Commerce Liability, Say Brands

On November 13, 2020, the U.S. Patent and Trademark Office (USPTO) requested public comments on whether the doctrine of secondary infringement liability is an effective tool in addressing counterfeit sales on e-commerce platforms. The comments could help shape the proposed SHOP SAFE Act, which is meant to prevent the sale of counterfeit products to consumers online. Managing Intellectual Property contacted Finnegan partner Brett Heavner for his thoughts on the request for comments and the SHOP SAFE Act.

Brett believes the bill’s requirements will not be too difficult for e-commerce platforms to implement. Some practitioners have expressed that the wording of the proposed bill is ambiguous because it currently addresses only goods related to consumer health and safety. In Brett’s view, the request for public comment could inspire companies to weigh in and argue that the law should be broader if they sell luxury goods or other items not currently covered by the bill.

Read the full article here.