Brands will always have incentives to cooperation because otherwise they lose money!
Stephen Lamar, 2023 - American Apparel & Footwear Association President and CEO. “Back to School with the SHOP SAFE Act: Protecting Our Families from Unsafe Online Counterfeits” Answers to Senators’ questions, 11/7, https://www.judiciary.senate.gov/imo/media/doc/2023-10-03_-_qfr_responses_-_lamar.pdf //DH
Q: WOULD BRANDS CONTINUE TO HAVE LEGAL OBLIGATIONS OR OTHER INCENTIVES TO PARTNER WITH PLATFORMS AND SHARE INFORMATION IF SHOP SAFE WERE ENACTED?
• It is in a brand's interest to continue to make sure that platform partners are educated. Brands have and will continue to have a duty to police marks;11 anything else is costly and harmful to a brand.12
• Policing trademarks across online platforms is an almost impossible task for small businesses, especially brands that only sell directly to consumers—not on a platform.
o From the DHS report: “These rights holders must invest significant resources to scour millions of listings across multiple platforms to identify potentially counterfeit listings and notify the third-party marketplace or e-commerce platform. This kind of comprehensive policing of e-commerce often is not possible for smaller enterprises.”