1. Short title This Act may be cited as the Stopping Harmful Offers on Platforms by Screening Against Fakes in E-commerce Act of 2023 or the SHOP SAFE Act of 2023 . 2. Contributory liability for electronic commerce platforms (a) In general Section 32 of the Act entitled An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes , approved July 5, 1946 (commonly known as the Trademark Act of 1946 ) ( 15 U.S.C. 1114 ), is amended by adding at the end the following: (4) (A) Except as provided in subparagraph (B), an electronic commerce platform shall be contributorily liable in a civil action under paragraph (1) for a case in which a third-party seller is shown to have used in commerce a counterfeit mark in connection with the sale, offering for sale, distribution, or advertising of a good that implicates health and safety on the platform. (B) An electronic commerce platform shall not be subject to contributory liability under subparagraph (A) if the electronic commerce platform demonstrates that the platform took reasonable measures to implement each of the following steps to prevent infringing use by the applicable third-party seller on the platform before that infringing use: (i) Determined after an investigation and periodically confirmed— (I) that the third-party seller designated a registered agent in the United States for service of process; or (II) in the case of a third-party seller located in the United States that has not designated a registered agent under subclause (I), that the third-party seller has designated a verified address for service of process in the United States. (ii) Imposed on the third-party seller as a condition of participating on the electronic commerce platform requirements that the third-party seller— (I) consents to the jurisdiction of the courts of the United States with respect to claims related to participation by the third-party seller on the platform