On-Line Platform Liability For Third-Party Trademark Infringement

Online shopping is here to stay, and so are trademark concerns for e-commerce shopping platforms. However, platforms and service providers lack clear precedent on when they are responsible for trademark infringing activities by third parties, whether and to what extent platforms must search for and actively police product listings, and requirements for soliciting and responding to trademark-related takedown requests. While the Digital Millennium Copyright Act of 1998 ("DMCA"), provides guidance on a platform's liability for copyright infringement and service providers have terms of use governing user generated content and conduct occurring on platforms, a platform's liability for trademark infringement is often fact-specific. This article summarizes important aspects in the current landscape of platform trademark liability.