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

Kari Kammel et al., Responsibility for the Sale of Trademark Counterfeits Online: Striking a Balance in Secondary Liability While Protecting Consumers, 49 AIPLA Q.J. (forthcoming June 2021).

37 Pages Posted: 25 Feb 2021 Last revised: 11 Mar 2021

See all articles by Kari Kammel

Kari Kammel

A-CAPP Center; MSU College of Law

Jay Kennedy

Michigan State University - Center for Anti-Counterfeiting and Product Protection

Minelli Manoukian

affiliation not provided to SSRN

Daniel Cermak

affiliation not provided to SSRN

Date Written: January 16, 2021

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

Suggested Citation

Kammel, Kari and Kennedy, Jay and Manoukian, Minelli and Cermak, Daniel, Responsibility for the Sale of Trademark Counterfeits Online: Striking a Balance in Secondary Liability While Protecting Consumers (January 16, 2021). Kari Kammel et al., Responsibility for the Sale of Trademark Counterfeits Online: Striking a Balance in Secondary Liability While Protecting Consumers, 49 AIPLA Q.J. (forthcoming June 2021)., Available at SSRN: https://ssrn.com/abstract=3792224

Kari Kammel (Contact Author)

A-CAPP Center ( email )

1407 S. Harrison Road
Suite 350
East Lansing, MI 48854
United States

HOME PAGE: http://a-capp.msu.edu

MSU College of Law ( email )

318 Law College Building
East Lansing, MI 48824-1300
United States

Jay Kennedy

Michigan State University - Center for Anti-Counterfeiting and Product Protection ( email )

1407 S. Harrison Road
Suite 350
East Lansing, MI 48854
United States

Minelli Manoukian

affiliation not provided to SSRN

Daniel Cermak

affiliation not provided to SSRN

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