HR 5374 · 117th Congress · Commerce

SHOP SAFE Act

Introduced 2021-09-26· Sponsored by Rep. Nadler, Jerrold [D-NY-10]· House

Bill Progress

Introduced
2
Committee
3
House Vote
4
Senate
5
Enacted
Latest: Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 30 - 8.(2021-09-29)

Plain Language Summary

[AI summary unavailable — showing source text] 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 …

Summarized by Claude AI · Non-partisan · For informational purposes only

CBO Cost Estimate

Congressional Budget Office

H.R. 5374, SHOP SAFE Act of 2021

May 3, 2022

As ordered reported by the House Committee on the Judiciary on September 29, 2021

Full CBO report ↗

Official non-partisan budget analysis by the Congressional Budget Office

Cosponsors (3)

1 Democrat2 Republicans