Responsibility for the Sale of Trademark Counterfeits Online: Striking a Balance in Secondary Liability While Protecting Consumers

Kari Kammel, Jay Kennedy, Daniel Cermack, and Minelli Manoukian, 2021

This article explores: (1) the current state of trademark counterfeits on e-commerce platforms with a focus on the U.S.; (2) the history of case law in the U.S. addressing whether e-commerce platforms incur primary or secondary liability for trademark counterfeiting; (3) strict products liability cases against ecommerce platforms for injury from the purchase of third-party sales; (4) ecommerce liability for trademark counterfeits through copyright; (5) possible criminal culpability for platforms; (6) other possible legal issues; and (7) a potential way forward that focuses on the importance of public policy in the protection of consumers.

This article was published in the American Intellectual Property Law Association. Subscription may be required to view article.

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To read the PDF of AIPLA Quarterly, Volume 49, Number 2, pages 201-258 provided by the American Intellectual Property Law Association, click here.