The U.S. Patent and Trademark Office (USPTO) wants input on e-commerce TM (trademark) infringement. Specifically, the Department of Homeland Security (DHS) and the USPTO are seeking input to combat counterfeit and pirated goods.

This request originated from a Presidential Memorandum titled Memorandum on Combating Trafficking in Counterfeit and Pirated Goods. In response, DHS provided President Trump with a report titled Combating Trafficking in Counterfeit and Pirated Goods. One of the action items in the DHS report was titled Assess Contributory Trademark Infringement Liability for E-Commerce. This action item is the basis for the USPTO’s request for information pertaining to trademark infringement in e-commerce.

The USPTO specifically requested

information from intellectual property rights holders, online third-party marketplaces and other third-party online  intermediaries, and other private sector stakeholders, on the application of the traditional doctrines of trademark infringement to the e-commerce setting. More specifically, the USPTO seeks input on the application of contributory and/or vicarious trademark infringement liability (secondary infringement liability) to e-commerce.

If you want to provide input to USPTO on e-commerce trademark infringement, you must submit your comments by December 28, 2020 by 5pm EST. To do so, you can submit electronic comments here: However, you can also submit written comments to United States Patent and Trademark Office, Mail Stop OPIA, P.O. Box 1450, Alexandria, Virginia 22314.