SHOP SAFE doesn’t define e-commerce – so it will be applied broadly to any online service
Jonathan Berroya, 2021 - Senior Vice President and General Counsel, Internet Association. Testimony before the Subcommittee On Courts, Intellectual Property, and The Internet Judiciary Committee U.S. House of Representatives. The SHOP SAFE Act: Stemming the Rising Tide of Unsafe Counterfeit Products Online. 5/27, https://docs.house.gov/meetings/JU/JU03/20210527/112713/HHRG-117-JU03-Wstate-BerroyaJ-20210527.pdf //DH
Finally, the legislation would introduce unnecessary confusion into the Lanham Act by establishing requirements that are, in some cases, unhelpfully specific, and in other cases concerningly broad and vague. The legislation targets only one sector even though its goal is to address an economy-wide problem that requires all stakeholders to work together in good faith to stop bad actors. The bill also "requires each third-party seller to use images that the seller owns or has permission to use." IA members already prohibit sellers from using images that they do not have rights to use, but the unlawful use of copyrighted images is already covered by the DMCA, and adding copyright protections into a trademark law could create confusion between the two statutes with no added benefit. The bill also fails to precisely define the term "electronic commerce platform." The definition of that term is so vague that it would include websites well beyond online marketplaces including social media platforms, discussion communities, cloud services, video chat services, and even email service providers. If the scope of the bill is intended to be that broad, it would be difficult for many of the impacted companies to comply with several of the enumerated obligations.