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HOUSE 3429117th CongressReferred to the Subcommittee on Courts, Intellectual Property, and the Internet.

SHOP SAFE Act of 2021

Last Action
11/1/2022

Actions

  • 2022-11-01Referred to the Subcommittee on Courts, Intellectual Property, and the Internet.
  • 2021-05-20Referred to the House Committee on the Judiciary.
  • 2021-05-20Introduced in House
  • 2021-05-20Introduced in House

CRS Summary

As of 2021-05-20 (00)

Stopping Harmful Offers on Platforms by Screening Against Fakes in E-commerce Act of 2021 or SHOP SAFE Act of 2021

This bill makes an electronic commerce platform liable for infringement of a registered trademark by a third-party seller of goods that implicate health and safety unless the platform takes certain actions.

Specifically, the platform may be contributorily liable if the seller uses a counterfeit mark in connection with selling, offering, or advertising such goods on the platform. The platform may avoid such liability by taking certain actions before the infringing act, including (1) requiring the seller to have a registered agent or a verified address for service of process in the United States, (2) verifying the seller's identity and contact information, (3) requiring the seller to agree to not use counterfeit marks with goods sold on the platform, (4) implementing technical measures to prescreen listings on the platform and remove listings for goods being sold with a counterfeit mark, and (5) implementing policies to remove and ban repeat offenders.

Cosponsors (3)

  • DARRELL ISSA (R-CA)
  • Henry Johnson (D-GA)
  • Ben Cline (R-VA)

Subjects

  • Civil actions and liability
  • Consumer affairs
  • Contracts and agency
  • Fraud offenses and financial crimes
  • Intellectual property
  • Internet and video services
  • Internet, web applications, social media
  • Marketing and advertising
  • Product safety and quality
  • Retail and wholesale trades
Read on Congress.gov

Sourced from Congress.gov (public domain).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.