Guide · Technology

Online Marketplaces and Third-Party Sellers: A Comprehensive Guide to Seller Verification, Platform Liability, Account Suspension, and Counterfeits

15 U.S.C. § 45

Type
Guide
Jurisdiction
National
Date
2026-04-12
Topic
Technology

A working guide to online marketplace disputes for counsel representing a buyer, a seller, a brand, or a platform. Part one maps the transaction and the parties. Part two covers whether the marketplace is a seller for product liability purposes. Part three covers Section 230 and its limits in commerce. Part four covers the counterfeit enforcement program from the brand side. Part five covers account suspension and the seller's response. Part six covers seller verification and disclosure obligations. Part seven covers product safety, advertising, and privacy overlays. Part eight covers forum, arbitration, preservation, and case handling.

Online Marketplaces and Third-Party Sellers: A Comprehensive Guide to Seller Verification, Platform Liability, Account Suspension, and Counterfeits

Technology > Online Marketplaces and Third-Party Sellers | Published 12 April 2026 - Updated 16 May 2026 | UpLaw - uplaw.us

Orientation

Five propositions organize this field:

  1. Ask what the platform actually did. Every question here reduces to whether it provided a venue or sold the thing.
  2. Section 230 is narrower in commerce than in speech, and the intellectual property carve-out is why trademark and copyright are the primary counterfeit tools.
  3. Contributory infringement requires specific knowledge, so the notice you send is the case you build.
  4. The suspended legitimate seller has no good remedy, and speed matters more than principle.
  5. Verification and disclosure obligations changed the field by making the seller identifiable, which is what makes any direct claim possible.

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