U.S. Reps. Doug Collins (R-GA) and Martha Roby (R-AL) this week proposed a bipartisan bill that would establish trademark liability for companies that sell counterfeits posing a risk to consumer health and safety.
“Consumer lives are at risk because of dangerous counterfeit products that are flooding the online marketplace,” Rep. Collins said on Monday. “Congress must create accountability to prevent these hazardous items from infiltrating the homes of millions of Americans.”
Rep. Collins is a lead cosponsor of the Stopping Harmful Offers on Platforms by Screening Against Fakes in E-Commerce (SHOP SAFE) Act, H.R. 6058, to 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, according to the congressional record summary.
Rep. Collins, ranking member of the U.S. House Judiciary Committee, introduced H.R. 6058 with bill sponsor U.S. Rep. Jerrold Nadler (D-NY), chairman of the House Judiciary Committee; Rep. Roby, ranking member of the U.S. House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet; and U.S. Rep. Hank Johnson (D-GA), chairman of the Subcommittee on Courts, Intellectual Property, and the Internet.
“The SHOP SAFE Act would make families safer by requiring online sellers to help prevent the sale of counterfeit products to consumers,” said Rep. Collins. “President Trump and Peter Navarro have taken great strides to address counterfeit issues, and the SHOP SAFE Act will help achieve their goals.”
Navarro, an American economist, currently serves as the assistant to the president and director of Trade and Manufacturing Policy.
“Counterfeit products directly impact brands and consumers while also posing serious dangers to public health and safety. It is critically important that we combat the sale of these harmful products online,” said Rep. Roby.
If enacted, H.R. 6058 also would require online platforms to establish best practices to vet sellers to ensure their legitimacy, remove counterfeit listings and remove sellers who repeatedly sell counterfeits; and call for online marketplaces to take steps necessary to prevent the continued sale of counterfeits by the third-party seller or face contributory liability for their actions, according to a bill summary provided by Rep. Collins’ office.