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 …

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