In the letter, the AAFA expressed its readiness to collaborate with the USTR on revising the annual Notorious Markets List (NML) to tackle counterfeits.

The NML is an annual report by the US government that identifies marketplaces notorious for selling and promoting counterfeit goods.

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The proposed changes aim to expand the list to encompass domestic platforms and marketplaces, thereby safeguarding legitimate business activities and intellectual property while intensifying efforts to eliminate hazardous counterfeit products.

The AAFA, which represents over 1,100 renowned brands and 3.6m American workers with an annual contribution of over $523bn in US retail sales, expressed its commitment to working with the USTR team.

According to the group, the NML has not addressed issues concerning the prevalence of counterfeits on third-party marketplaces based in the US.

Although various stakeholders, including the AAFA, have submitted nominations for US-based platforms, the NML has not listed any of these suggestions since 2020, the letter said.

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The AAFA also submitted critical comments last month to the US Patent and Trademark Office (USPTO) regarding draft guidelines by the Organization for Economic Co-operation and Development (OECD) aimed at countering illicit trade in counterfeit goods on online marketplaces.

Additionally, on 14 July the AAFA led a group of cross-industry association leaders in signing a letter urging Congress to safeguard funding for the Office of the Intellectual Property Enforcement Coordinator (IPEC) and advocating for an IPEC appointment before year-end.

AAFA president and CEO Steve Lamar said: “Counterfeit, illicitly traded goods —including apparel, footwear, accessories, and travel goods — undermine trusted American brands but also threaten the jobs and livelihoods of millions of US workers and the safety of American consumers and the environment. 

“Through stronger education and more effective public policy, we must all work together to combat the scourge of counterfeits increasingly being promoted and sold across e-commerce and social commerce platforms.

“Counterfeit listings flood these platforms daily while brands fight a lopsided battle with illicit traders who have a completely unfair advantage. As stated in today’s letter to USTR Ambassador Greer, we are eager to work with USTR to update the Notorious Markets List process to include domestic platforms and marketplaces to level the playing field for all businesses, protect legitimate commerce and valuable IP, and to continue the fight against dangerous counterfeits. All of us can do more to support American innovation, to raise awareness, and to protect American families going into the holiday season.” 

In February, the AAFA published a whitepaper to shed light on the issues surrounding deceptive online platforms and called for policymakers to consider every possible approach to combat the proliferation of these websites within the textile and apparel sectors.

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