[Federal Register Volume 86, Number 6 (Monday, January 11, 2021)]
[Pages 1951-1952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00216]



Patent and Trademark Office

[Docket No. PTO-T-2020-0035]

Secondary Trademark Infringement Liability in the E-Commerce 

AGENCY: United States Patent and Trademark Office, Department of 

ACTION: Request for comments; reopening of comment period.


SUMMARY: The United States Patent and Trademark Office (USPTO or 
Office) published a request for comments in the Federal Register on 
November 13, 2020, seeking 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. Through this notice, the USPTO is reopening the 
period for public comment until January 25, 2021.

DATES: Comment date: Written comments must be received on or before 
January 25, 2021.

ADDRESSES: You may submit comments by one of the following methods:
    (a) Electronic Submissions: Submit all electronic comments via the 
Federal e-Rulemaking Portal at www.regulations.gov (at the homepage, 
enter PTO-T-2020-0035 in the ``Search'' box, click the ``Comment Now!'' 
icon, complete the required fields, and enter or attach your comments). 
The materials in the docket will not be edited to remove identifying or 
contact information, and the USPTO cautions against including any 
information in an electronic submission that the submitter does not 
want publicly disclosed. Attachments to electronic comments will be 
accepted in Microsoft Word or Excel or Adobe PDF formats only. Comments 
containing references to studies, research, and other empirical data 
that are not widely published should include copies of the referenced 
materials. Please do not submit additional materials. If you want to 
submit a comment with confidential business information that you do not 
wish to be made public, submit the comment as a written/paper 
submission in the manner detailed below.
    (b) Written/Paper Submissions: Send all written/paper submissions 
to: United States Patent and Trademark Office, Mail Stop OPIA, P.O. Box 
1450, Alexandria, VA 22314. Submission packaging should clearly 
indicate that materials are responsive to Docket No. PTO-T-2020-0035, 
Office of Policy and International Affairs, Comment Request; Secondary 
Trademark Infringement Liability in the E-Commerce Setting.
    Submissions of Confidential Business Information: Any submissions 
containing confidential business information must be delivered in a 
sealed envelope marked ``confidential treatment requested'' to the 
address listed above. Submitters should provide an index listing the 
document(s) or information they would like the USPTO to withhold. The 
index should include information such as numbers used to identify the 
relevant document(s) or information, document title and description, 
and relevant page numbers and/or section numbers within a document. 
Submitters should provide a statement explaining their grounds for 
objecting to the disclosure of the information to the public as well. 
The USPTO also requests that submitters of confidential business 
information include a non-confidential version (either redacted or 
summarized) of those confidential submissions that will be available 
for public viewing and posted on www.regulations.gov. In the event that 
the submitter cannot provide a non-confidential version of its 
submission, the USPTO requests that the submitter post a notice in the 
docket stating that it has provided the USPTO with confidential 
business information. Should a submitter fail to either docket a non-
confidential version of its submission or post a notice that 
confidential business information has been provided, the USPTO will 
note the receipt of the submission on the docket with the submitter's 
organization or name (to the degree permitted by law) and the date of 

and International Affairs, at [email protected] or 571-272-9300. 
Please direct media inquiries to the USPTO's Office of the Chief 
Communications Officer at 571-272-8400.

SUPPLEMENTARY INFORMATION: On November 13, 2020, the USPTO published a 
notice in the Federal Register requesting public input on the 
application of contributory and/or vicarious trademark infringement 
liability (secondary infringement liability) to e-commerce. See Request 
for Comments on Secondary Trademark Infringement Liability in the E-
Commerce Setting, 85 FR 72635 (Nov. 13, 2020). In that notice, the 
USPTO indicated that it is seeking input from the private sector and 
other stakeholders as to the application of the traditional doctrines 
of trademark infringement to the e-commerce setting, including whether 
to pursue changes in the application of the secondary infringement 
standards to e-commerce platforms, in accordance with the call to 
action in the Department of Homeland Security's January 24, 2020, 
Report to the President of the United States titled ``Combating 
Trafficking in Counterfeit and Pirated Goods.'' To assist in gathering 
public input, the USPTO published questions, and sought focused public 
comments, on the effectiveness of the traditional doctrines of 
secondary trademark infringement in the e-commerce setting, and also 
invited recommendations for resolving any shortcomings in the 
application of these doctrines. The notice requested public comments on 
or before December 28, 2020.
    Through this notice, the USPTO is reopening the period for public 
comment until January 25, 2021, to give

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interested members of the public additional time to submit comments. 
All other information and instructions to commenters provided in the 
November 13, 2020, notice remain unchanged. Previously submitted 
comments do not need to be resubmitted.

Andrei Iancu,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. 2021-00216 Filed 1-8-21; 8:45 am]