Responsibility for the Sale of Trademark Counterfeits Online: Striking a Balance in Secondary Liability While Protecting Consumers

Abstract

This paper explores provides a comprehensive analysis of the current state of the legal framework secondary trademark liability for the sale of counterfeit goods by third parties. This issue continues to grow as technology rapidly expands and as e-commerce explodes and the current legal framework designed to protect consumers and trademark owners fails since it was crafted for a brick-and-mortar environment.

Keywords: trademark counterfeiting, e-commerce, secondary liability for trademark infringement, crime triangle