Online marketplaces may have to overhaul their business models if they become liable for the sale of counterfeit goods on their platforms
would make companies liable for the sale of counterfeits that pose risks to human health and safety, and require online platforms to develop best practices to vet sellers and remove counterfeits as well as repeat counterfeit sellers. The bill would also make online marketplaces liable for sales of counterfeit goods by their third-party sellers if they don't take the necessary steps to stop such transactions, which would be a new risk for marketplaces.
Many marketplaces have had third-party merchants sell counterfeit goods on their platforms in the past. Amazon's platform has counterfeit goods despite having a no-counterfeit policy. And considering that the Government Accountability Office found that 20 of 47 items ordered from third-party merchants on "popular consumer websites" were counterfeit, the issue likely extends well beyond Amazon.
And platforms may have trouble effectively vetting their sellers because some boast thousands of merchants. For example, third-party sellers accounted for
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