Online counterfeit luxury goods are a problem for luxury trademark owners, online marketplaces, and the consuming public. The doctrine of contributory trademark liability developed as a response to this problem, but litigation under the doctrine has failed to adequately define the rights and obligations of the involved parties. This Note proposes a uniform anti-counterfeiting system that more effectively resolves trademark disputes in the online marketplace. The proposed system would (1) monitor online marketplaces for counterfeit listings and (2) provide alternative dispute resolution for parties with protracted issues
The Search for Luxury Prudence: Applying Alternative Dispute Resolution to Contributory Trademark Liability in the Online Marketplace,
U. Colo. L. Rev.
Available at: https://scholar.law.colorado.edu/lawreview/vol83/iss3/7