Secondary Trademark Infringement Liability in the E-Commerce Setting, 1951-1952 [2021-00216]

Download as PDF Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Notices C. Could a Challenge be designed that would require participants to leverage software bill of materials design principles in the development of components for an open 5G stack? D. Many open 5G stack organizations have developed partial implementations for different aspects of an open 5G stack. What portions of the open 5G stack has your organization successfully developed with working code? What portions of the open 5G stack does your organization believe can be developed quickly (6 months or less)? What development support would best enable test and evaluation of the different elements of an open 5G stack? E. What 5G enabling features should be highlighted in the Challenge, such as software defined networking, network slicing, network function virtualization, radio access network intelligent controller, radio access network virtualization? III. Timeframe & Infrastructure A. What software and hardware infrastructure will be needed to successfully execute this Challenge? B. What is a reasonable timeframe to structure such a Challenge? Should there be different phases for such a Challenge? If so, what are appropriate timelines for each suggested phase? Dated: January 5, 2021. Kathy D. Smith, Chief Counsel, National Telecommunications and Information Administration. [FR Doc. 2021–00202 Filed 1–8–21; 8:45 am] BILLING CODE 3510–60–P DEPARTMENT OF COMMERCE Patent and Trademark Office [Docket No. PTO–T–2020–0035] Secondary Trademark Infringement Liability in the E-Commerce Setting United States Patent and Trademark Office, Department of Commerce. ACTION: Request for comments; reopening of comment period. AGENCY: The United States Patent and Trademark Office (USPTO or Office) published a request for comments in the Federal Register on November 13, 2020, seeking information from intellectual property rights holders, online thirdparty marketplaces and other third-party online intermediaries, and other private sector stakeholders on the application of the traditional doctrines of trademark infringement to the e-commerce setting. jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 22:36 Jan 08, 2021 Jkt 253001 Through this notice, the USPTO is reopening the period for public comment until January 25, 2021. DATES: Comment date: Written comments must be received on or before January 25, 2021. ADDRESSES: You may submit comments by one of the following methods: (a) Electronic Submissions: Submit all electronic comments via the Federal eRulemaking Portal at www.regulations.gov (at the homepage, enter PTO–T–2020–0035 in the ‘‘Search’’ box, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments). The materials in the docket will not be edited to remove identifying or contact information, and the USPTO cautions against including any information in an electronic submission that the submitter does not want publicly disclosed. Attachments to electronic comments will be accepted in Microsoft Word or Excel or Adobe PDF formats only. Comments containing references to studies, research, and other empirical data that are not widely published should include copies of the referenced materials. Please do not submit additional materials. If you want to submit a comment with confidential business information that you do not wish to be made public, submit the comment as a written/paper submission in the manner detailed below. (b) Written/Paper Submissions: Send all written/paper submissions to: United States Patent and Trademark Office, Mail Stop OPIA, P.O. Box 1450, Alexandria, VA 22314. Submission packaging should clearly indicate that materials are responsive to Docket No. PTO–T–2020–0035, Office of Policy and International Affairs, Comment Request; Secondary Trademark Infringement Liability in the E-Commerce Setting. Submissions of Confidential Business Information: Any submissions containing confidential business information must be delivered in a sealed envelope marked ‘‘confidential treatment requested’’ to the address listed above. Submitters should provide an index listing the document(s) or information they would like the USPTO to withhold. The index should include information such as numbers used to identify the relevant document(s) or information, document title and description, and relevant page numbers and/or section numbers within a document. Submitters should provide a statement explaining their grounds for objecting to the disclosure of the information to the public as well. The USPTO also requests that submitters of confidential business information PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 1951 include a non-confidential version (either redacted or summarized) of those confidential submissions that will be available for public viewing and posted on www.regulations.gov. In the event that the submitter cannot provide a nonconfidential version of its submission, the USPTO requests that the submitter post a notice in the docket stating that it has provided the USPTO with confidential business information. Should a submitter fail to either docket a non-confidential version of its submission or post a notice that confidential business information has been provided, the USPTO will note the receipt of the submission on the docket with the submitter’s organization or name (to the degree permitted by law) and the date of submission. FOR FURTHER INFORMATION CONTACT: Holly Lance, USPTO, Office of Policy and International Affairs, at Holly.Lance@uspto.gov or 571–272– 9300. Please direct media inquiries to the USPTO’s Office of the Chief Communications Officer at 571–272– 8400. SUPPLEMENTARY INFORMATION: On November 13, 2020, the USPTO published a notice in the Federal Register requesting public input on the application of contributory and/or vicarious trademark infringement liability (secondary infringement liability) to e-commerce. See Request for Comments on Secondary Trademark Infringement Liability in the ECommerce Setting, 85 FR 72635 (Nov. 13, 2020). In that notice, the USPTO indicated that it is seeking input from the private sector and other stakeholders as to the application of the traditional doctrines of trademark infringement to the e-commerce setting, including whether to pursue changes in the application of the secondary infringement standards to e-commerce platforms, in accordance with the call to action in the Department of Homeland Security’s January 24, 2020, Report to the President of the United States titled ‘‘Combating Trafficking in Counterfeit and Pirated Goods.’’ To assist in gathering public input, the USPTO published questions, and sought focused public comments, on the effectiveness of the traditional doctrines of secondary trademark infringement in the e-commerce setting, and also invited recommendations for resolving any shortcomings in the application of these doctrines. The notice requested public comments on or before December 28, 2020. Through this notice, the USPTO is reopening the period for public comment until January 25, 2021, to give E:\FR\FM\11JAN1.SGM 11JAN1 1952 Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Notices interested members of the public additional time to submit comments. All other information and instructions to commenters provided in the November 13, 2020, notice remain unchanged. Previously submitted comments do not need to be resubmitted. Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. [FR Doc. 2021–00216 Filed 1–8–21; 8:45 am] BILLING CODE 3510–16–P BUREAU OF CONSUMER FINANCIAL PROTECTION Advisory Committees Solicitation of Applications for Membership Consumer Financial Protection Bureau. ACTION: Notice. AGENCY: Pursuant to the authorities given to the Director of the Bureau of Consumer Financial Protection (Bureau) under the Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) Director Kraninger invites the public to apply for membership for appointment to its Consumer Advisory Board (CAB), Community Bank Advisory Council (CBAC), Credit Union Advisory Council (CUAC), and Academic Research Council (ARC), (collectively, advisory committees). Membership of the advisory committees includes representatives of consumers, diverse communities, the financial services industry, academics, and economists. Appointments to the committees are generally for two years. However, the Director may amend the respective committee charters from time to time during the charter terms, as the Director deems necessary to accomplish the purpose of the committees. The Bureau expects to announce the selection of new members in latesummer 2021. DATES: The application will be available on January 11, 2021, here: https:// www.consumerfinance.gov/about-us/ advisory-committees/apply/. Complete application packets received on or before 11:59 p.m. EST on February 24, 2021, will be given consideration for membership on the committees. ADDRESSES: If an applicant requires a reasonable accommodation to complete the application, please contact Kimberley Medrano, Program Manager, CFPB_BoardandCouncilApps@cfpb.gov. All applications for membership on the advisory committees should be sent: jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 22:36 Jan 08, 2021 Jkt 253001 • Electronically: https:// www.consumerfinance.gov/about-us/ advisory-committees/apply/. • Mail: Kimberley Medrano, Program Manager, Bureau of Consumer Financial Protection, 1700 G Street NW, Washington, DC 20552. Submissions must be postmarked on or before February 27, 2021. • Mail/Hand Delivery/Courier: Kimberley Medrano, Program Manager, Bureau of Consumer Financial Protection, 1700 G Street NW, Washington, DC 20552. Submissions must be received on or before 5:00 p.m. eastern standard time on February 25, 2021. Please note that due to circumstances associated with the COVID–19 pandemic, the Bureau discourages the submission of comments by mail, hand delivery, or courier. FOR FURTHER INFORMATION CONTACT: Kimberley Medrano, Program Manager, 202–435–9623, CFPB_ BoardandCouncilApps@cfpb.gov. SUPPLEMENTARY INFORMATION: I. Background The Bureau is charged with regulating ‘‘the offering and provision of consumer financial products or services under the Federal consumer financial laws,’’ so as to ensure that ‘‘all consumers have access to markets for consumer financial products and services and that markets for consumer financial products and services are fair, transparent, and competitive.’’ Pursuant to section 1021(c) of the Wall Street Reform and Consumer Protection Act, Public Law 111–203, Dodd-Frank Act, the Bureau’s primary functions are: 1. Conducting financial education programs; 2. Collecting, investigating, and responding to consumer complaints; 3. Collecting, researching, monitoring, and publishing information relevant to the function of markets for consumer financial products and services to identify risks to consumers and the proper functioning of such markets; 4. Supervising persons covered under the Dodd-Frank Act for compliance with Federal consumer financial law, and taking appropriate enforcement action to address violations of Federal consumer financial law; 5. Issuing rules, orders, and guidance implementing Federal consumer financial law; and 6. Performing such support activities as may be needed or useful to facilitate the other functions of the Bureau. As described in more detail below, section 1014 of the Dodd-Frank Act calls for the Director of the Bureau to PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 establish a Consumer Advisory Board to advise and consult with the Bureau regarding its functions, and to provide information on emerging trends and practices in the consumer financial markets. Pursuant to the executive and administrative powers conferred on the Bureau by section 1012 of the DoddFrank Act, the Director of the Bureau of Consumer Financial Protection established the discretionary committees, CBAC, CUAC, and ARC, under agency authority in accordance with the provisions of the Federal Advisory Committee Act, as amended, 5 U.S.C., App. 2. III. Qualifications Pursuant to section 1014(b) of the Dodd-Frank Act, in appointing members to the Consumer Advisory Board, ‘‘the Director shall seek to assemble experts in consumer protection, financial services, community development, fair lending and civil rights, and consumer financial products or services and representatives of depository institutions that primarily serve underserved communities, and representatives of communities that have been significantly impacted by higher-priced mortgage loans, and seek representation of the interests of covered persons and consumers, without regard to party affiliation.’’ The determinants of ‘‘expertise’’ shall depend, in part, on the constituency, interests, or industry sector the nominee seeks to represent, and where appropriate, shall include significant experience as a direct service provider to consumers. Pursuant to section 12 of the Community Bank Advisory Council Charter, in appointing members to the committee the Director shall seek to assemble members with diverse points of view, institution asset sizes, and geographical backgrounds. Only bank or thrift employees (CEOs, compliance officers, government relations officials, etc.) will be considered for membership. Membership is limited to employees of banks and thrifts with total assets of $10 billion or less that are not affiliates of depository institutions or community banks with total assets of more than $10 billion. Pursuant to section 12 of the Credit Union Advisory Council Charter, in appointing members to the committee the Director shall seek to assemble members with diverse points of view, institution asset sizes, and geographical backgrounds. Only credit union employees (CEOs, compliance officers, government relations officials, etc.) will be considered for membership. E:\FR\FM\11JAN1.SGM 11JAN1

Agencies

[Federal Register Volume 86, Number 6 (Monday, January 11, 2021)]
[Notices]
[Pages 1951-1952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00216]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office

[Docket No. PTO-T-2020-0035]


Secondary Trademark Infringement Liability in the E-Commerce 
Setting

AGENCY: United States Patent and Trademark Office, Department of 
Commerce.

ACTION: Request for comments; reopening of comment period.

-----------------------------------------------------------------------

SUMMARY: The United States Patent and Trademark Office (USPTO or 
Office) published a request for comments in the Federal Register on 
November 13, 2020, seeking information from intellectual property 
rights holders, online third-party marketplaces and other third-party 
online intermediaries, and other private sector stakeholders on the 
application of the traditional doctrines of trademark infringement to 
the e-commerce setting. Through this notice, the USPTO is reopening the 
period for public comment until January 25, 2021.

DATES: Comment date: Written comments must be received on or before 
January 25, 2021.

ADDRESSES: You may submit comments by one of the following methods:
    (a) Electronic Submissions: Submit all electronic comments via the 
Federal e-Rulemaking Portal at www.regulations.gov (at the homepage, 
enter PTO-T-2020-0035 in the ``Search'' box, click the ``Comment Now!'' 
icon, complete the required fields, and enter or attach your comments). 
The materials in the docket will not be edited to remove identifying or 
contact information, and the USPTO cautions against including any 
information in an electronic submission that the submitter does not 
want publicly disclosed. Attachments to electronic comments will be 
accepted in Microsoft Word or Excel or Adobe PDF formats only. Comments 
containing references to studies, research, and other empirical data 
that are not widely published should include copies of the referenced 
materials. Please do not submit additional materials. If you want to 
submit a comment with confidential business information that you do not 
wish to be made public, submit the comment as a written/paper 
submission in the manner detailed below.
    (b) Written/Paper Submissions: Send all written/paper submissions 
to: United States Patent and Trademark Office, Mail Stop OPIA, P.O. Box 
1450, Alexandria, VA 22314. Submission packaging should clearly 
indicate that materials are responsive to Docket No. PTO-T-2020-0035, 
Office of Policy and International Affairs, Comment Request; Secondary 
Trademark Infringement Liability in the E-Commerce Setting.
    Submissions of Confidential Business Information: Any submissions 
containing confidential business information must be delivered in a 
sealed envelope marked ``confidential treatment requested'' to the 
address listed above. Submitters should provide an index listing the 
document(s) or information they would like the USPTO to withhold. The 
index should include information such as numbers used to identify the 
relevant document(s) or information, document title and description, 
and relevant page numbers and/or section numbers within a document. 
Submitters should provide a statement explaining their grounds for 
objecting to the disclosure of the information to the public as well. 
The USPTO also requests that submitters of confidential business 
information include a non-confidential version (either redacted or 
summarized) of those confidential submissions that will be available 
for public viewing and posted on www.regulations.gov. In the event that 
the submitter cannot provide a non-confidential version of its 
submission, the USPTO requests that the submitter post a notice in the 
docket stating that it has provided the USPTO with confidential 
business information. Should a submitter fail to either docket a non-
confidential version of its submission or post a notice that 
confidential business information has been provided, the USPTO will 
note the receipt of the submission on the docket with the submitter's 
organization or name (to the degree permitted by law) and the date of 
submission.

FOR FURTHER INFORMATION CONTACT: Holly Lance, USPTO, Office of Policy 
and International Affairs, at [email protected] or 571-272-9300. 
Please direct media inquiries to the USPTO's Office of the Chief 
Communications Officer at 571-272-8400.

SUPPLEMENTARY INFORMATION: On November 13, 2020, the USPTO published a 
notice in the Federal Register requesting public input on the 
application of contributory and/or vicarious trademark infringement 
liability (secondary infringement liability) to e-commerce. See Request 
for Comments on Secondary Trademark Infringement Liability in the E-
Commerce Setting, 85 FR 72635 (Nov. 13, 2020). In that notice, the 
USPTO indicated that it is seeking input from the private sector and 
other stakeholders as to the application of the traditional doctrines 
of trademark infringement to the e-commerce setting, including whether 
to pursue changes in the application of the secondary infringement 
standards to e-commerce platforms, in accordance with the call to 
action in the Department of Homeland Security's January 24, 2020, 
Report to the President of the United States titled ``Combating 
Trafficking in Counterfeit and Pirated Goods.'' To assist in gathering 
public input, the USPTO published questions, and sought focused public 
comments, on the effectiveness of the traditional doctrines of 
secondary trademark infringement in the e-commerce setting, and also 
invited recommendations for resolving any shortcomings in the 
application of these doctrines. The notice requested public comments on 
or before December 28, 2020.
    Through this notice, the USPTO is reopening the period for public 
comment until January 25, 2021, to give

[[Page 1952]]

interested members of the public additional time to submit comments. 
All other information and instructions to commenters provided in the 
November 13, 2020, notice remain unchanged. Previously submitted 
comments do not need to be resubmitted.

Andrei Iancu,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. 2021-00216 Filed 1-8-21; 8:45 am]
BILLING CODE 3510-16-P