On Cybersquatting, Product Safety and Trademark Protection

Consumer Product Safety
The federal Consumer Product Safety Act requires catalogers and other retailers to report to the Consumer Product Safety Commission (CPSC) any product defect that “could create a substantial product hazard.” This regulatory scheme heavily relies on self-reporting with large penalties for failure to do so. Many catalog merchants are unaware of the act’s record-keeping requirements, what events trigger a reporting obligation to the CPSC, the extent to which a company can negotiate with the staff of the CPSC the terms of a consumer recall notice, or the possibility of offsetting recall responsibilities onto the manufacturer or supplier.