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SHOP SAFE Act

USA117th CongressHR-5374| House 
| Updated: 9/29/2021
Jerrold Nadler

Jerrold Nadler

Democratic Representative

New York

Cosponsors (3)
Henry C. "Hank" Johnson (Democratic)Darrell Issa (Republican)Ben Cline (Republican)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Stopping Harmful Offers on Platforms by Screening Against Fakes in E-commerce Act or the SHOP SAFE Act This bill makes an electronic commerce platform liable for infringement of a registered trademark 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 before the infringing act, including (1) requiring the seller to have a registered agent or a verified address 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 procedures for trademark owners to request the removal of listings for counterfeit goods, and (5) implementing policies to remove and ban repeat offenders. A person who knowingly makes a material misrepresentation in a request to a platform to take down a seller listing (because the listing allegedly uses a counterfeit mark and implicates health and safety concerns) shall be civilly liable to the seller injured by the resulting improper takedown. If a person makes 10 or more such improper takedown requests, the platform may sue on behalf of the sellers who consent to the platform's lawsuit. A party suing under this bill may choose to receive statutory damages (as opposed to actual damages) of $2,500-$75,000 for each improper request, depending on the circumstances of the case.
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Timeline

Bill from Previous Congress

HR 116-6058
SHOP SAFE Act of 2020
May 26, 2021

Latest Companion Bill Action

S 117-1843
Introduced in Senate
Sep 26, 2021
Introduced in House
Sep 26, 2021
Referred to the House Committee on the Judiciary.
Sep 29, 2021
Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 30 - 8.
Sep 29, 2021
Committee Consideration and Mark-up Session Held.
  • Bill from Previous Congress

    HR 116-6058
    SHOP SAFE Act of 2020


  • May 26, 2021

    Latest Companion Bill Action

    S 117-1843
    Introduced in Senate


  • September 26, 2021
    Introduced in House


  • September 26, 2021
    Referred to the House Committee on the Judiciary.


  • September 29, 2021
    Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 30 - 8.


  • September 29, 2021
    Committee Consideration and Mark-up Session Held.

Commerce

Related Bills

  • HR 117-3429: SHOP SAFE Act of 2021
  • S 117-1843: SHOP SAFE Act of 2021
Civil actions and liabilityConsumer affairsContracts and agencyFraud offenses and financial crimesIntellectual propertyInternet and video servicesInternet, web applications, social mediaMarketing and advertisingProduct safety and qualityRetail and wholesale trades

SHOP SAFE Act

USA117th CongressHR-5374| House 
| Updated: 9/29/2021
Stopping Harmful Offers on Platforms by Screening Against Fakes in E-commerce Act or the SHOP SAFE Act This bill makes an electronic commerce platform liable for infringement of a registered trademark 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 before the infringing act, including (1) requiring the seller to have a registered agent or a verified address 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 procedures for trademark owners to request the removal of listings for counterfeit goods, and (5) implementing policies to remove and ban repeat offenders. A person who knowingly makes a material misrepresentation in a request to a platform to take down a seller listing (because the listing allegedly uses a counterfeit mark and implicates health and safety concerns) shall be civilly liable to the seller injured by the resulting improper takedown. If a person makes 10 or more such improper takedown requests, the platform may sue on behalf of the sellers who consent to the platform's lawsuit. A party suing under this bill may choose to receive statutory damages (as opposed to actual damages) of $2,500-$75,000 for each improper request, depending on the circumstances of the case.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

HR 116-6058
SHOP SAFE Act of 2020
May 26, 2021

Latest Companion Bill Action

S 117-1843
Introduced in Senate
Sep 26, 2021
Introduced in House
Sep 26, 2021
Referred to the House Committee on the Judiciary.
Sep 29, 2021
Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 30 - 8.
Sep 29, 2021
Committee Consideration and Mark-up Session Held.
  • Bill from Previous Congress

    HR 116-6058
    SHOP SAFE Act of 2020


  • May 26, 2021

    Latest Companion Bill Action

    S 117-1843
    Introduced in Senate


  • September 26, 2021
    Introduced in House


  • September 26, 2021
    Referred to the House Committee on the Judiciary.


  • September 29, 2021
    Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 30 - 8.


  • September 29, 2021
    Committee Consideration and Mark-up Session Held.
Jerrold Nadler

Jerrold Nadler

Democratic Representative

New York

Cosponsors (3)
Henry C. "Hank" Johnson (Democratic)Darrell Issa (Republican)Ben Cline (Republican)

Judiciary Committee

Commerce

Related Bills

  • HR 117-3429: SHOP SAFE Act of 2021
  • S 117-1843: SHOP SAFE Act of 2021
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Civil actions and liabilityConsumer affairsContracts and agencyFraud offenses and financial crimesIntellectual propertyInternet and video servicesInternet, web applications, social mediaMarketing and advertisingProduct safety and qualityRetail and wholesale trades