Wednesday, November 25, 2020

Requesting feedback on recent infringement and anti-counterfeiting Federal Register Notices

The United States Patent and Trademark Office (USPTO) requests your feedback on three newly issued Federal Register Notices.

State sovereign immunity

The Sovereign Immunity Study notice is intended to aid the USPTO in the preparation of a report requested by Congress on the extent to which trademark and patent rights holders experience infringement by states and state entities without the availability of adequate state law remedies and on the extent to which that infringement may be based on intentional or reckless conduct.

Comments close on December 21, 2020.

Secondary infringement liability in e-commerce

The Secondary Trademark Infringement Liability in the E-Commerce Setting notice requests stakeholder input on changing how secondary infringement liability standards are applied to e-commerce platforms.

Your feedback will help the USPTO make recommendations to the Department of Homeland Security (DHS) on ways to address the problems of online counterfeiting. Comments close on December 28, 2020.

National consumer awareness campaign on counterfeiting

The Development of a National Consumer Awareness Campaign on Combating the Trafficking in Counterfeit and Pirated Products notice seeks information from stakeholders on developing a national consumer awareness campaign between public and private sectors to educate consumers about the risks of counterfeit and pirated goods.

Your feedback will help the USPTO make recommendations to the DHS about developing the national consumer awareness campaign. Comments close on January 4, 2021.