Patent and Trademark Office November 13, 2020 – Federal Register Recent Federal Regulation Documents
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Secondary Trademark Infringement Liability in the E-Commerce Setting
On January 24, 2020, the Department of Homeland Security (DHS) released its Report to the President of the United States titled ``Combating Trafficking in Counterfeit and Pirated Goods'' (DHS Report). The report responded to the April 3, 2019, Presidential Memorandum titled ``Memorandum on Combating Trafficking in Counterfeit and Pirated Goods'' (Presidential Memorandum). Among the action items identified in the DHS Report was action 9, titled ``Assess Contributory Trademark Infringement Liability for E-Commerce.'' In order to implement this action item, the United States Patent and Trademark Office (USPTO) is 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. More specifically, the USPTO seeks input on the application of contributory and/or vicarious trademark infringement liability (secondary infringement liability) to e-commerce.