Federal Register / Vol. 85, No. 220 / Friday, November 13, 2020 / Notices 72635

specifications proposed by the Mid- Thomas A. Nies (see ADDRESSES) at least cautions against including any Atlantic Council, discuss the 5 days prior to the meeting date. information in an electronic submission recommendations, and consider Dated: November 9, 2020. that the submitter does not want whether to adopt the specifications and/ publicly disclosed. Attachments to Diane M. DeJames-Daly, or identify/propose alternatives. electronic comments will be accepted in Following the conclusion of the dogfish Acting Deputy Director, Office of Sustainable Microsoft Word or Excel or Adobe PDF Fisheries, National Marine Fisheries Service. discussion, the Skate Committee Report formats only. Comments containing will be next. The Council will consider [FR Doc. 2020–25129 Filed 11–12–20; 8:45 am] references to studies, research, and approving a scoping document to BILLING CODE 3510–22–P other empirical data that are not widely expand the range of possible measures published should include copies of the in Amendment 5 to the Northeast Skate referenced materials. Please do not DEPARTMENT OF COMMERCE Complex FMP. This amendment is submit additional materials. If you want being developed to consider and Office to submit a comment with confidential establishing limited access in the skate business information that you do not wing and/or bait fisheries and other [Docket No. PTO–T–2020–0035] wish to be made public, submit the measures that may prevent the comment as a written/paper submission triggering of incidental skate possession Secondary in the manner detailed below. limits, improve the precision and Liability in the E-Commerce Setting (b) Written/Paper Submissions: Send accuracy of catch data, and better define AGENCY: Patent and Trademark Office, all written/paper submissions to: United skate fishery participants. Finally, the Department of Commerce. States Patent and Trademark Office, Mail Stop OPIA, P.O. Box 1450, Council will receive a report from the ACTION: Request for comments. Northeast Fisheries Science Center and Alexandria, Virginia 22314. Submission NOAA’s Greater Atlantic Regional SUMMARY: On January 24, 2020, the packaging should clearly indicate that Fisheries Office on North Atlantic right Department of Homeland Security materials are responsive to Docket No. whales. This report will be given in (DHS) released its Report to the PTO–T–2020–0035, Office of Policy and three parts, starting with a NEFSC President of the United States titled International Affairs, Comment Request; update on the preliminary 2019 ‘‘Combating Trafficking in Counterfeit Secondary Trademark Infringement population estimate for right whales. and Pirated Goods’’ (DHS Report). The Liability in the E-Commerce Setting. Next, GARFO will brief the Council on report responded to the April 3, 2019, Submissions of Confidential Business the status of the Atlantic Large Whale Presidential Memorandum titled Information: Any submissions Take Reduction Plan Draft ‘‘Memorandum on Combating containing confidential business Environmental Impact Statement (DEIS) Trafficking in Counterfeit and Pirated information must be delivered in a and proposed rule. The Council will Goods’’ (Presidential Memorandum). sealed envelope marked ‘‘confidential have an opportunity to ask questions Among the action items identified in the treatment requested’’ to the address and offer comments. GARFO also will DHS Report was action 9, titled ‘‘Assess listed above. Submitters should provide provide an update on the Draft North Contributory Trademark Infringement an index listing the document(s) or Atlantic Right Whale Batched Biological Liability for E-Commerce.’’ In order to information that they would like the Opinion (BiOp) covering 10 fisheries. implement this action item, the United USPTO to withhold. The index should The Council also may comment on the States Patent and Trademark Office include information such as numbers BiOp. In addition, the Council will (USPTO) is seeking information from used to identify the relevant receive a brief overview on the 2020 intellectual property rights holders, document(s) or information, document Ropeless Consortium Annual Meeting online third-party marketplaces and title and description, and relevant page from one of its members. The Council other third-party online intermediaries, numbers and/or section numbers within a document. Submitters should provide then will close out the meeting with and other private sector stakeholders, on a statement explaining their grounds for other business. the application of the traditional objecting to the disclosure of the Although non-emergency issues not doctrines of trademark infringement to information to the public as well. The contained on this agenda may come the e-commerce setting. More USPTO also requests that submitters of before the Council for discussion, those specifically, the USPTO seeks input on confidential business information issues may not be the subject of formal the application of contributory and/or include a non-confidential version action during this meeting. Council vicarious trademark infringement action will be restricted to those issues (either redacted or summarized) of those liability (secondary infringement specifically listed in this notice and any confidential submissions that will be liability) to e-commerce. issues arising after publication of this available for public viewing and posted notice that require emergency action DATES: Comments must be received by on https://www.regulations.gov. In the under section 305(c) of the Magnuson- 5 p.m. EST on December 28, 2020. event that the submitter cannot provide Stevens Fishery Conservation and ADDRESSES: You may submit comments a non-confidential version of its Management Act, provided the public and responses to the questions below by submission, the USPTO requests that has been notified of the Council’s intent one of the following methods: the submitter post a notice in the docket to take final action to address the (a) Electronic Submissions: Submit all stating that it has provided the USPTO emergency. The public also should be electronic comments via the Federal e- with confidential business information. aware that the meeting will be recorded. Rulemaking Portal at https:// Should a submitter fail to either docket Consistent with 16 U.S.C. 1852, a copy www.regulations.gov (at the homepage, a non-confidential version of its of the recording is available upon enter PTO–T–2020–0035 in the submission or post a notice that request. ‘‘Search’’’ box, click the ‘‘Comment confidential business information has Now!’’ icon, complete the required been provided, the USPTO will note the Special Accommodations fields, and enter or attach your receipt of the submission on the docket This meeting is being conducted comments). The materials in the docket with the submitter’s organization or entirely by webinar. Requests for will not be edited to remove identifying name (to the degree permitted by law) auxiliary aids should be directed to or contact information, and the USPTO and the date of submission.

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FOR FURTHER INFORMATION CONTACT: including responses to the Department information must be clearly designated Holly Lance, USPTO, Office of Policy of Commerce’s FRN 2019–14715 titled as such and provided only by mail and International Affairs, at ‘‘Comment Request; Report on the State carrier as described above. [email protected] or 571–272– of Counterfeit and Pirated Goods The USPTO welcomes all input 9300. Please direct media inquiries to Trafficking and Recommendations,’’ relevant to the application of the the USPTO’s Office of the Chief issued on July 10, 2019. 84 FR 32861. traditional doctrines of secondary Communications Officer at 571–272– The FRN requested comments on a trademark infringement to the e- 8400. variety of issues drawn from the commerce setting, more specifically Presidential Memorandum. As SUPPLEMENTARY INFORMATION: The DHS whether to pursue changes in the Report describes how the rapid growth summarized in the DHS Report, the application of the secondary of e-commerce platforms, ‘‘further comments relevant to the subject of this infringement standards to platforms. In catalyzed by third-party online FRN included rights holder assertions particular, we seek the following that the present legal landscape for marketplaces connected to the information: online secondary liability in the e- platforms, has revolutionized the way 1. Is the doctrine of secondary commerce space is ‘‘out of date.’’ DHS products are bought and sold.’’ DHS infringement liability, as currently Report at 24. In particular, the rights Report at 7, available at https:// applied by the courts, an effective tool holders noted, in the brick-and-mortar www.dhs.gov/sites/default/files/ in addressing the problem of the online economy, contributory infringement publications/20_0124_plcy_counterfeit- sale of counterfeit goods? If not, please liability has been well developed pirated-goods-report_01.pdf . This identify the shortcomings in this through case law for the licensing and overall growth ‘‘has facilitated online approach to combatting counterfeits oversight of sellers, but a comparable trafficking in counterfeit and pirated sold online, including whether the regime is largely nonexistent in the e- shortcomings are general to all goods goods.’’ Id. (The DHS Report addresses commerce realm. Id. at 24–25. both trademark counterfeiting and and modes of e-commerce or whether Comments were also received from they are specific to a particular type of piracy, but action 9, the platforms noting that they have subject of this Federal Register Notice goods or e-commerce. ‘‘invested heavily in proactive efforts to 2. Have you pursued or defended (FRN), is limited to trademark prevent counterfeits from reaching their counterfeiting.) American consumers secondary trademark infringement online stores,’’ and several commenters claims against an e-commerce platform, shopping on e-commerce platforms now noted that some platforms have face a greater risk of purchasing online third-party marketplace, or other significant interactions with law online third-party intermediary where counterfeits, including goods that enforcement to combat counterfeits endanger the health and safety of the claim was that the intermediary trafficking. Id. at 25. facilitated the sale of counterfeit goods, unsuspecting consumers. The U.S. The DHS Report includes a section on including counterfeit goods offered by a Congress has also taken up the issue of ‘‘Immediate Action by DHS and third-party seller? If so, what challenges dangerous counterfeits. On March 2, Recommendations for the USG [U.S. did you face in pursuing or defending 2020, H.R. 6058, the ‘‘SHOP SAFE Act Government].’’ The ninth item, titled these claims under a secondary of 2020,’’ which addresses the ‘‘Assess Contributory Trademark infringement theory, and what was the contributory liability of e-commerce Infringement Liability for E-Commerce,’’ result? platforms in relation to counterfeit calls for the Department of Commerce to goods implicating health and safety, was seek input from the private sector and 3. If you have chosen not to pursue a introduced in the House of other stakeholders as to the application potential claim or defend against a Representatives. of the traditional doctrines of trademark claim for secondary trademark Historically, counterfeits were infringement to the e-commerce setting, infringement against an e-commerce distributed through in-person including whether to pursue changes in platform, online third-party transactions, such as those at swap the application of the secondary marketplace, or other online third-party meets, and by individual sellers, often infringement standards to platforms. See intermediary for reasons related to the on street corners. Today, many DHS Report at 33. This FRN seeks current interpretation of the doctrine of counterfeits are trafficked through e- comments on that issue. secondary infringement, please explain commerce supply chains in concert Request for Information: The USPTO how your decision-making was affected with marketing, sales, and distribution requests information from interested by the state of the law and how a networks. See DHS Report at 10. While stakeholders, including but not limited different interpretation might have led e-commerce has supported the launch of to trademark owners affected by the sale to a different decision. thousands of legitimate businesses, it of counterfeit goods offered through e- 4. To the extent you have identified has also enabled counterfeiters to easily commerce platforms and online third- shortcomings in the current application establish attractive ‘‘store-fronts’’ to party marketplaces and intermediaries. of the doctrine of secondary compete with legitimate businesses. See Respondents may address any, all, or infringement in your answers to the id. at 11. none of the following questions. Please above questions, please explain how The development of the DHS Report identify, where possible, the question(s) you would recommend resolving those benefitted from extensive interagency your comments are intended to address. shortcomings. discussion that included DHS, the Respondents may organize their a. For all types of recommendations, Department of Justice, the Office of the submissions in any manner. Reminder: please identify their scope, including United States Trade Representative, the Respondents have the responsibility to the type of goods or e-commerce Department of Commerce, the Food and request that any information contained affected. Where appropriate, please Drug Administration, the Office of the in a submission be treated as prioritize your recommendations. Intellectual Property Enforcement confidential business information and b. If your recommendation includes Coordinator, and the Department of must certify that such information is implementation in steps and/or over State. The DHS Report also benefited confidential and would not customarily time, please identify each step and the from outreach to, and comments from, be released to the public by the contemplated timeframe for numerous private sector stakeholders, submitter. Confidential business implementation.

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5. Please provide any studies or other After consideration of the material Regulatory Flexibility Act Certification information in your possession that presented to it concerning capability of I certify that the following action will demonstrate whether or not a change in qualified nonprofit agencies to provide not have a significant impact on a the law of secondary liability for the products and impact of the substantial number of small entities. trademark counterfeiting with respect to additions on the current or most recent The major factors considered for this contractors, the Committee has e-commerce platforms, online third- certification were: determined that the products listed party marketplaces, and other online 1. The action will not result in below are suitable for procurement by third-party intermediaries would be additional reporting, recordkeeping or the Federal Government under 41 U.S.C. effective in reducing online sales of other compliance requirements for small 8501–8506 and 41 CFR 51–2.4. counterfeit goods, or whether it would entities. pose any risks. Regulatory Flexibility Act Certification 2. The action may result in 6. Are there any other areas of law or I certify that the following action will authorizing small entities to furnish the legal doctrines that could help inform or product(s) and service(s) to the supplement the standard for secondary not have a significant impact on a substantial number of small entities. Government. trademark infringement to reduce online 3. There are no known regulatory sales of counterfeit goods? The major factors considered for this certification were: alternatives which would accomplish Dated: November 6, 2020. 1. The action will not result in any the objectives of the Javits-Wagner- Andrei Iancu, additional reporting, recordkeeping or O’Day Act (41 U.S.C. 8501–8506) in Under Secretary of Commerce for Intellectual other compliance requirements for small connection with the product(s) and Property and Director of the United States entities other than the small service(s) deleted from the Procurement Patent and Trademark Office. organizations that will furnish the List. [FR Doc. 2020–25163 Filed 11–12–20; 8:45 am] product(s) and service(s) to the End of Certification BILLING CODE 3510–16–P Government. 2. The action will result in Accordingly, the following products authorizing small entities to furnish the and services are deleted from the product(s) and service(s) to the Procurement List: COMMITTEE FOR PURCHASE FROM Government. Product(s) PEOPLE WHO ARE BLIND OR 3. There are no known regulatory SEVERELY DISABLED alternatives which would accomplish NSN(s)—Product Name(s): 8415–01–494–4607—Cover, Procurement List; Additions and the objectives of the Javits-Wagner- Parachutists’ and Ground Troops’ Deletions O’Day Act (41 U.S.C. 8501–8506) in connection with the product(s) and Helmet, All Services, Snow AGENCY: Committee for Purchase From service(s) proposed for addition to the Camouflage, XL People Who Are Blind or Severely Procurement List. Designated Source of Supply: Mount Disabled. Rogers Community Services Board, End of Certification ACTION: Additions to and deletions from Wytheville, VA the procurement list. Accordingly, the following products Contracting Activity: DLA Troop are added to the Procurement List: Support, Philadelphia, PA SUMMARY: This action adds products to Product(s) Service(s) the Procurement List that will be furnished by nonprofit agencies NSN(s)—Product Name(s): Service Type: Janitorial/Minor employing persons who are blind or 8920–01–E62–6404—Rice, Long Maintenance have other severe disabilities, and Grain, Parboiled, White, 4/10 lb. Mandatory for: U.S. Post Office, deletes products and services from the Bags Courthouse and Customs House, 8920–01–E62–6405—Rice, Long Procurement List previously furnished 301 Simonton Street, Key West, FL Grain, Parboiled, Brown, 4/10 lb. by such agencies. Designated Source of Supply: Brevard Bags Achievement Center, Inc., DATES: Date added to and deleted from Designated Source of Supply: Rockledge, FL the Procurement List: December 13, VisionCorps, Lancaster, PA 2020. Mandatory For: Department of Defense Contracting Activity: Public Buildings Contracting Activity: Defense Logistics Service, Acquisition Division/ ADDRESSES: Committee for Purchase Services Branch From People Who Are Blind or Severely Agency, DLA Troop Support Distribution: C-List Service Type: Janitorial/Custodial Disabled, 1401 S Clark Street, Suite 715, Mandatory for: U.S. Courthouse and Arlington, Virginia, 22202–4149. Deletions Customhouse, 1114 Market Street, FOR FURTHER INFORMATION CONTACT: On 10/9/2020, the Committee for St. Louis, MO Michael R. Jurkowski, Telephone: (703) Purchase From People Who Are Blind Designated Source of Supply: MGI 603–2117, Fax: (703) 603–0655, or email or Severely Disabled published notice of Services Corporation, St. Louis, MO [email protected]. proposed deletions from the Contracting Activity: General Services SUPPLEMENTARY INFORMATION: Procurement List. This notice is Administration, FPDS Agency published pursuant to 41 U.S.C. 8503 Coordinator Additions (a)(2) and 41 CFR 51–2.3. Service Type: Janitorial/Custodial On 4/17/2020, the Committee for After consideration of the relevant Mandatory for: Social Security Purchase From People Who Are Blind matter presented, the Committee has Administration Building: 1530 4th or Severely Disabled published a notice determined that the product(s) and Street, Peru, IL of proposed addition to the Procurement service(s) listed below are no longer Contracting Activity: General Services List. This notice is published pursuant suitable for procurement by the Federal Administration, FPDS Agency to 41 U.S.C. 8503 (a)(2) and 41 CFR 51– Government under 41 U.S.C. 8501–8506 Coordinator 2.3. and 41 CFR 51–2.4. Service Type: Grounds Maintenance

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