,i  #aafth ,,congress  #b;d ,session    
,h4 ,r4 #fjeh  ,,in ,,the ,,house ,,of  
,,representatives  ,march #b1 #bjbj,mr4 
,nadler 7for himself1 ,mr4 ,collins of  
,georgia1 ,mr4 ,johnson of ,georgia1 and
 ,mrs4 ,roby7 introduced the following  
bill2 which was referred to the         
,committee on the ,judiciary  ,a ,,bill 
,to amend the ,trademark ,act of #aidf  
to provide for contributory liability   
for certain electronic commerce         
platforms for use of a counterfeit mark 
by a third party on such platforms1 and 
for other purposes4  #a4 ,short title   
,this ,act may be cited as the ,stopping
 ,harmful ,offers on ,platforms by      
,screening ,against ,fakes in           
,e-commerce ,act of #bjbj or the ,,shop 
,,safe ,act of #bjbj4  #b4 ,contributory
 liability for electronic commerce      
platforms ,section #cb of the ,act      
entitled ,an ,act to provide for the    
registration and protection of          
trademarks used in commerce1 to carry   
out the provisions of certain           

international conventions1 and for other
 purposes1 approved ,july #e1 #aidf     
7commonly known as the ,trademark ,act  
of #aidf7 7#ae ,u4,s4,c4 #aaad71 is     
amended by inserting at the end the     
following3  7#d7 7,a7 ,an electronic    
commerce platform shall be              
contributorily liable for infringement  
by a third-party seller participating on
 the platform for use in commerce of a  
counterfeit mark in connection with the 
sale1 offering for sale1 distribution1  
or advertising of goods that implicate  
health and safety1 unless the following 
requirements are met3 7i7 ,the          
third-party seller is available for     
service of process in the ,united       
,states4  7ii7 ,before any alleged      
infringing act by the third-party       
seller1 the platform demonstrates that  
the platform took each of the following 
reasonable steps to prevent such use on 
the platform3 7,i7 ,verified through    
governmental identification and other   
reliable documentation the identity1    

principal place of business1 and contact
 information of the third-party seller4 
7,,ii7 ,required the third-party seller 
to verify and attest to the authenticity
 of goods on or in connection with which
 a registered mark is used4  7,,iii7    
,imposed on the third-party seller as a 
condition of participating on the       
platform contractual requirements that--
 7aa7 the third-party seller agrees not 
to use a counterfeit mark in connection 
with the sale1 offering for sale1       
distribution1 or advertising of goods on
 the platform2 and  7bb7 the third-party
 seller consents to the jurisdiction of 
,united ,states courts with respect to  
claims related to the third-party       
seller's participation on the platform4 
7,,iv7 ,displayed conspicuously on the  
platform the verified principal place of
 business1 contact information1 and     
identity of the third-party seller1 the 
country of origin and manufacture of the
 goods1 and the location from which the 
goods will be shipped4  7,v7 ,required  

each third-party seller to use images   
that the seller owns or has permission  
to use and that accurately depict the   
actual goods offered for sale on the    
platform4  7,,vi7 ,implemented at no    
cost to the registrant proactive        
technological measures for screening    
goods before displaying the goods to the
 public to prevent any third-party      
seller's use of a counterfeit mark in   
connection with the sale1 offering for  
sale1 distribution1 or advertising of   
goods on the platform4  7,,vii7         
,implemented at no cost to the          
registrant a program to expeditiously   
disable or remove from the platform a   
listing by any third-party seller that  
reasonably could be determined to have  
used a counterfeit mark in connection   
with the sale1 offering for sale1       
distribution1 or advertising of goods4  
7,,viii7 ,terminated use of the platform
 by any third-party seller that has     
engaged in more than three instances of 
use of a counterfeit mark in connection 

with the sale1 offering for sale1       
distribution1 or advertising of goods on
 the platform4  7,,ix7 ,implemented at  
no cost to the registrant technological 
measures for screening third-party      
sellers to ensure that sellers who have 
been terminated do not rejoin or remain 
on the platform under a different seller
 identity or alias4  7,x7 ,provided the 
information verified under clause 7,i7  
of each third-party seller that used a  
counterfeit mark in connection with the 
sale1 offering for sale1 distribution1  
or advertising of goods on the platform 
to relevant law enforcement and1 upon   
request1 the registrant4  7,b7 ,in this 
paragraph3 7i7 ,the term counterfeit    
mark has the meaning given that term in 
section #cd7;d77#a77;,b74  7ii7 ,the    
term electronic commerce platform means 
any electronically accessed platform    
that includes publicly interactive      
features that allow for arranging the   
sale1 purchase1 payment1 or shipping of 
goods1 or that enables a person other   

than an operator of such platform to    
sell or offer to sell physical goods to 
consumers located in the ,united        
,states4  7iii7 ,the term goods that    
implicate health and safety means goods 
the use of which can lead to illness1   
disease1 injury1 serious adverse event1 
allergic reaction1 or death if produced 
without compliance with all applicable  
,federal1 ,state1 and local health and  
safety regulations and                  
industry-designated testing1 safety1    
quality1 certification1 manufacturing1  
packaging1 and labeling standards4  7iv7
 ,the term third-party seller means a   
person other than the electronic        
commerce platform who uses the platform 
to arrange for the sale1 purchase1      
payment1 or shipping of goods4  7,c7    
,nothing in this paragraph may be       
construed to limit liability for direct 
infringement4  4