SHOP SAFE Act of 2020

2/8/2022, 11:17 PM

Congressional Summary of HR 6058

Stopping Harmful Offers on Platforms by Screening Against Fakes in E-commerce Act of 2020 or SHOP SAFE Act of 2020

This bill establishes that an electronic commerce platform shall be liable for trademark infringement 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, including (1) requiring the seller to be available 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.

Current Status of Bill HR 6058

Bill HR 6058 is currently in the status of Bill Introduced since March 2, 2020. Bill HR 6058 was introduced during Congress 116 and was introduced to the House on March 2, 2020.  Bill HR 6058's most recent activity was Referred to the House Committee on the Judiciary. as of March 2, 2020

Bipartisan Support of Bill HR 6058

Total Number of Sponsors
1
Democrat Sponsors
1
Republican Sponsors
0
Unaffiliated Sponsors
0
Total Number of Cosponsors
7
Democrat Cosponsors
3
Republican Cosponsors
4
Unaffiliated Cosponsors
0

Policy Area and Potential Impact of Bill HR 6058

Primary Policy Focus

Commerce

Potential Impact Areas

Business ethicsBusiness recordsCivil actions and liabilityFraud offenses and financial crimesIntellectual propertyInternet and video servicesInternet, web applications, social mediaRetail and wholesale trades

Alternate Title(s) of Bill HR 6058

SHOP SAFE Act of 2020To amend the Trademark Act of 1946 to provide for contributory liability for certain electronic commerce platforms for use of a counterfeit mark by a third party on such platforms, and for other purposes.SHOP SAFE Act of 2020Stopping Harmful Offers on Platforms by Screening Against Fakes in E-commerce Act of 2020
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