,,ii  #aagth ,,congress  #ast ,session  
,s4 #ahdc  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,may #bf1 #bjba
 ,mr4 ,coons 7for himself and ,mr4      
,tillis7 introduced the following bill2 
which was read twice and 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 #bjba or the ,,shop 
,,safe ,act of #bjba4  #b4 ,contributory
 liability for electronic commerce      
platforms  7a7 ,platform liability      
,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 adding at the end the       
following3  7#d7  7,a7 ,subject to      
subparagraph 7,c71 an electronic        
commerce platform shall be deemed       
contributorily liable in a civil action 
by the registrant for the remedies      
hereinafter provided for a case in      
which1 without the consent of the       
registrant1 a third-party seller uses in
 commerce a counterfeit mark in         
connection with the sale1 offering for  
sale1 distribution1 or advertising of   
goods that implicate health and safety  
on the platform1 unless the platform    
demonstrates that the platform took each
 of the following steps to prevent such 
use on the platform before any          
infringing act by the third-party       
seller3 7i7 ,determined after a         
reasonable investigation1 and reasonably
 periodically confirmed--  7,i7 that the
 third-party seller designated a        

registered agent in the ,united ,states 
for service of process2 or  7,,ii7 in   
the case of a third-party seller located
 in the ,united ,states1 and if the     
seller has not designated a registered  
agent under subclause 7,i71 that the    
third-party seller has designated a     
verified address for service of process 
in the ,united ,states4  7ii7 ,verified 
through governmental identification or  
other reliable documentation the        
identity1 principal place of business1  
and contact information of the          
third-party seller4  7iii7 ,required the
 third-party seller to--  7,i7 take     
reasonable steps to verify the          
authenticity of goods on or in          
connection with which a registered mark 
is used2 and  7,,ii7 attest to the      
platform that the third-party seller has
 taken reasonable steps to verify the   
authenticity of the goods under         
subclause 7,i74  7iv7 ,imposed on the   
third-party seller as a condition of    
participating on the platform           

contractual requirements that-- 7,i7 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
  7,,ii7 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 platform2 and  7,,iii7 the       
third-party seller designates an agent  
for service of process in the ,united   
,states1 or1 in the case of third-party 
seller located in the ,united ,states1  
the third-party seller designates a     
verified address for service of process 
in the ,united ,states4  7v7 ,displayed 
conspicuously on the platform the       
verified principal place of business1   
contact information1 and identity of the
 third-party seller1 and the country    
from which the goods will be shipped1   
except the platform shall not be        
required to display any such information
 that constitutes the personal identity 

of an individual1 a home street address1
 or personal contact information of an  
individual1 and in such cases shall     
instead provide alternative1 verified   
means of contacting the third-party     
seller4  7vi7 ,displayed conspicuously  
in each listing the country of origin   
and manufacture of the goods1 unless    
such information was not reasonably     
available to the third-party seller and 
the third-party seller had identified to
 the platform the steps it undertook to 
identify the country of origin and      
manufacture of the goods and the reasons
 it was unable to identify the same4    
7vii7 ,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       
7viii7 ,implemented at no cost to the   
registrant reasonable 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  7ix7            
,implemented at no cost to the          
registrant a program to expeditiously   
disable or remove from the platform any 
listing for which a platform has        
reasonable awareness of use of a        
counterfeit mark in connection with the 
sale1 offering for sale1 distribution1  
or advertising of goods4 ,reasonable    
awareness of use of a counterfeit mark  
may be inferred based on information    
regarding the use of a counterfeit mark 
on the platform generally1 general      
information about the third-party       
seller1 identifying characteristics of a
 particular listing1 or other           
circumstances as appropriate4 ,a        
platform may reinstate a listing        
disabled or removed under this clause   
if1 after an investigation1 the platform
 reasonably determines that a           
counterfeit mark was not used in the    

listing4 ,a reasonable decision to      
reinstate a listing shall not be a basis
 for finding that a platform failed to  
comply with this clause4  7x7           
,implemented a policy that requires     
termination of a third-party seller that
 has reasonably been determined to have 
engaged in repeated use of a counterfeit
 mark in connection with the sale1      
offering for sale1 distribution1 or     
advertising of goods on the platform4   
,use of a counterfeit mark by a         
third-party seller in #c separate       
listings within #a year shall be        
considered repeated use1 except when    
reasonable mitigating circumstances     
exist4 ,a platform may reinstate a      
third-party seller if1 after an         
investigation1 the platform reasonably  
determines that the third-party seller  
did not engage in repeated use of a     
counterfeit mark or that reasonable     
mitigating circumstances existed4 ,a    
reasonable decision to reinstate a      
third-party seller shall not be a basis 

for finding that a platform failed to   
comply with this clause4  7xi7          
,implemented at no cost to the          
registrant reasonable 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  7xii7 ,provided a  
verified basis to contact a third-party 
seller upon request by a registrant that
 has a bona fide belief that the seller 
has used a counterfeit mark in          
connection with the sale1 offering for  
sale1 distribution1 or advertising of   
goods on the platform except that the   
platform is not required to provide     
information that constitutes the        
personal identity of an individual1 a   
home street address1 or personal contact
 information of an individual 7in such  
case1 the provider shall provide an     
alternative means of contacting the     
third-party seller74  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 the 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 goods1
 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 that uses the platform

 to arrange for the sale1 purchase1     
payment1 or shipping of goods4  7,c7    
,this paragraph shall apply--  7i7 to an
 electronic commerce platform that has  
annual sales on the platform of not less
 than #ejj1jjj2 or  7ii7 to an          
electronic commerce platform with less  
than #ejj1jjj in annual sales #f months 
after the platform has received #aj     
notices 7in which there is a reference  
to this paragraph and an explicit       
notification to the platform of the     
#aj-notice limit71 in aggregate1        
identifying listings on the platform    
that reasonably could be determined to  
have used a counterfeit mark in         
connection with the sale1 offering for  
sale1 distribution1 or advertising of   
goods that implicate health and safety4 
7,d7 ,nothing in this paragraph may be  
construed to limit liability in a       
context other than that outlined in this
 paragraph1 including any cause of      
action available under other provisions 
of this ,act1 notwithstanding that the  

same facts may give rise to a claim     
under this paragraph4  4  7b7 ,effective
 date ,this ,act1 and the amendment made
 by this ,act1 shall take effect on the 
date that is #a year after the date of  
enactment of this ,act4