H.R. 5374 would amend the Trademark Act of 1946 to hold platforms that facilitate electronic commerce contributorily liable if a third party sells a counterfeit product that could affect the health or safety of a consumer on its platform. Such platforms would be required to take steps to prevent third parties from selling counterfeit products, such as by verifying the third party’s identity, principal place of business, and contact information.
Because the bill would not require any action by the federal government, CBO estimates that H.R. 5374 would have no federal costs.
