Innowacje i własność intelektualna · 13.11.2020

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.