On November 9, 2020, Meaghan Kent and Nick Jordan published “Shop Safe Act: How a Proposed Amendment to the Lanham Act Aims to Make Online Shopping Safer” in Westlaw Journal Intellectual Property. The following is an excerpt:
Online shopping has boomed in 2020. The U.S. Census Bureau estimated that retail e-commerce sales during the second quarter were $211.5 billion — a 44.5% increase from the same quarter a year ago. Although that surge has propped up many industries during tough times, it also has harmful side effects.
As consumers increase their spending online, counterfeiters follow to take advantage of the situation. Counterfeiters lurk on popular e-commerce sites as third-party sellers, harming consumers who unknowingly purchase fake goods. Indeed, third-party sellers have flooded online marketplaces with counterfeit and unregulated products.