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Designing Dupes: A Legislative Proposal for Holding Online Marketplaces Contributorily Liable for Counterfeit Goods
Gina Boone
Note

  The full text of this Note may be found here.

31 Fordham Intell. Prop. Media & Ent. L.J. 1302 (2021).

Note by Gina Boone*

 

ABSTRACT

[W]

ith a simple click on your favorite online marketplace, any consumer can unknowingly buy counterfeit goods. Counterfeits are no longer limited to fake luxury bags on the streets of Chinatown. These dupes can be roller skates, children’s toys, and even car tires. However, counterfeit products’ impact reaches far beyond just consumer health and safety. Counterfeiting negatively affects small businesses, imposes financial burdens, and causes reputational damage. Online marketplaces are aware of the increase of counterfeit products on their websites. Yet, they continue to facilitate its growth because it is unlikely the online platforms will be held liable for the sale of counterfeit goods. Left with very little options, rightsholders often suffer and consumers are unaware of the dangers. In light of these growing concerns, Congress recognizes the need for anti-counterfeiting legislation. Expanding contributory trademark liability could be the most effective way to address this need, but representatives have left anti-counterfeiting law vulnerable. This Note addresses the tension between rightsholders and online marketplaces and proposes regulatory solutions to provide more guidance for anti-counterfeiting legislation.

* J.D. Candidate, Fordham University School of Law, 2022; M.P.S., Public Relations and Corporate Communications, Georgetown University, 2018; B.S., Media, Culture, and Communications, New York University, 2016. I would like to thank Professor Courtney Cox for her guidance and for taking this journey with me throughout the research and writing of this Note. I would also like to thank the Senior Writing & Research Editor, Sara Mazurek, and the IPLJ Editorial Board and Staff for their hard work throughout this process. Thank you to Maria Sinatra for her advice and inspiration that lead me to write this Note. Finally, I would especially like to thank my mom, my family, and my friends for their loving support.