I 
116TH CONGRESS 
2D SESSION 
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, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 2, 2020 
Mr. NADLER (for himself, Mr. COLLINS of Georgia, Mr. JOHNSON of Georgia, 
and Mrs. ROBY) introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To amend the Trademark Act of 1946 to provide for con-
tributory liability for certain electronic commerce plat-
forms for use of a counterfeit mark by a third party 
on such platforms, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Stopping Harmful Of-
fers on Platforms by Screening Against Fakes in E-com-
merce Act of 2020’’ or the ‘‘SHOP SAFE Act of 2020’’. 
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SEC. 2. CONTRIBUTORY LIABILITY FOR ELECTRONIC COM-
MERCE PLATFORMS. 
Section 32 of the Act entitled ‘‘An Act to provide for 
the registration and protection of trademarks used in com-
merce, to carry out the provisions of certain international 
conventions, and for other purposes’’, approved July 5, 
1946 (commonly known as the ‘‘Trademark Act of 1946’’) 
(15 U.S.C. 1114), is amended by inserting at the end the 
following: 
‘‘(4)(A) 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 sale, offering for sale, distribution, or advertising 
of goods that implicate health and safety, unless the 
following requirements are met: 
‘‘(i) The third-party seller is available for 
service of process in the United States. 
‘‘(ii) Before any alleged infringing act by 
the third-party seller, the platform dem-
onstrates that the platform took each of the fol-
lowing reasonable steps to prevent such use on 
the platform: 
‘‘(I) Verified through governmental 
identification and other reliable docu-
mentation the identity, principal place of 
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business, and contact information of the 
third-party seller. 
‘‘(II) Required the third-party seller 
to verify and attest to the authenticity of 
goods on or in connection with which a 
registered mark is used. 
‘‘(III) Imposed on the third-party sell-
er as a condition of participating on the 
platform contractual requirements that— 
‘‘(aa) 
the 
third-party 
seller 
agrees not to use a counterfeit mark 
in connection with the sale, offering 
for sale, distribution, or advertising of 
goods on the platform; and 
‘‘(bb) the third-party seller con-
sents to the jurisdiction of United 
States courts with respect to claims 
related to the third-party seller’s par-
ticipation on the platform. 
‘‘(IV) Displayed conspicuously on the 
platform the verified principal place of 
business, contact information, and identity 
of the third-party seller, the country of ori-
gin and manufacture of the goods, and the 
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gaged in more than three instances of use 
of a counterfeit mark in connection with 
the sale, offering for sale, distribution, or 
advertising of goods on the platform. 
‘‘(IX) 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 alias. 
‘‘(X) Provided the information verified 
under clause (I) of each third-party seller 
that used a counterfeit mark in connection 
with the sale, offering for sale, distribu-
tion, or advertising of goods on the plat-
form to relevant law enforcement and, 
upon request, the registrant. 
‘‘(B) In this paragraph: 
‘‘(i) The term ‘counterfeit mark’ has the 
meaning given that term in section 34(d)(1)(B). 
‘‘(ii) The term ‘electronic commerce plat-
form’ means any electronically accessed plat-
form that includes publicly interactive features 
that allow for arranging the sale, purchase, 
payment, or shipping of goods, or that enables 
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a person other than an operator of such plat-
form to sell or offer to sell physical goods to 
consumers located in the United States. 
‘‘(iii) The term ‘goods that implicate 
health and safety’ means goods the use of 
which can lead to illness, disease, injury, serious 
adverse event, allergic reaction, or death if pro-
duced without compliance with all applicable 
Federal, State, and local health and safety reg-
ulations and industry-designated testing, safety, 
quality, certification, manufacturing, packaging, 
and labeling standards. 
‘‘(iv) The term ‘third-party seller’ means a 
person other than the electronic commerce plat-
form who uses the platform to arrange for the 
sale, purchase, payment, or shipping of goods. 
‘‘(C) Nothing in this paragraph may be con-
strued to limit liability for direct infringement.’’. 
Æ 
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