Balancing the Interests of Trademark Owners and E-Commerce Platforms During the Internet Age

22 Wake Forest J. Bus. & Intell. Prop. L. 371

Trademark owners are in a constant battle with knockoffs and
counterfeits that try to deceive consumers by imitating trademark
owners’ authentic services or goods. During the internet age, “the
greatest risk of importation of counterfeit and pirated goods, harming
both United States content creators and United States consumers, is
posed . . . by inadequate policies and inadequate action by e-commerce
companies that market and sell foreign products to American
consumers.” The rapid growth in online retail sales further exacerbate
this risk.