Proactive screening tools only work with the cooperation of brands
Matt Schruers, 2023 - President Computer & Communications Industry Association. Responses to questions from Senator Tillis. “Back to School with the SHOP SAFE Act: Protecting Our Families from Unsafe Online Counterfeits” Senate Hearing, 10/3, https://www.judiciary.senate.gov/imo/media/doc/2023-10-03_-_qfr_responses_-_schruers.pdf //DH
Furthermore, while some marketplaces may already have proactive tools for screening, these programs are most effective when brands are participating and offering information. Many brands have so many products and variations that sites would need information about all of the products in granular detail to effectively screen products. Proactive automated screening will not have 100% success, and may lead to incidental false positives, including non-infringing fair uses that automated tools are not in a position to make determinations on, as well as stifle legitimate businesses, and occasionally miss counterfeit products.
Additionally, unless a listing is explicit about offering counterfeits or there are other fairly clear signals the product is a knockoff, screening is by no means a complete solution. In most cases listings will look facially valid as it doesn’t behoove a seller to suggest they’re selling fakes. That’s why confirmation or input from the brand owner remains critical to helping combat counterfeits, which SHOP SAFE undermines.