The actual knowledge requirement is the only shield against litigation – but the plan dilutes it
Patricia E. Campbell, 2023 - Law School Professor and Director of the Intellectual Property Law Program at the University of Maryland Carey School of Law “Debugging the Trademark Laws: The Lanham Act and Counterfeit Microelectronics,” 31 TEX. INTELL. PROP. L.J. 211 (2023). Hein Online. Accessed via University of Michigan //DH
Moreover, if parts were purchased on e-commerce platforms, the online marketplace or service provider is typically immune from suit under the rule created in Tiffany (NJ) Inc. v. eBay Inc.335 There, the court held that for contributory trademark infringement liability to exist, a service provider must have more than a general knowledge or reason to know that its service is being used to sell counterfeit goods. "Some contemporary knowledge of which particular listings are infringing or will infringe in the future is necessary."336 The requirement of actual knowledge has created a safe harbor for e-commerce platforms.