This past holiday season hoverboards have been one of the most popular items this past holiday season. As a result, we have received numerous phone calls regarding U.S. Customs and Border Protection ("CBP" or "Customs") intense examinations of these products. The reason being is that there have been cases where these hoverboards burst into flames due to counterfeit batteries being used to power them. See here http://nypost.com/2015/12/30/hoverboard-bursts-into-flames-inside-a-brooklyn-apartment/. This led to intervention by the Consumer Product Safety Commission ("CPSC"), the federal agency regulating the safety of consumer products nationwide.[...]
As a Customs attorney I find it surprising that intellectual property holders do not take advantage of Customs and Border Protection's ("CBP") ability to protect their intellectual property ("IP"). CBP is authorized to search all imports/exports and exclude, detain, and/or seize products that are counterfeit or otherwise infringing on the intellectual property of the IP holder. The way to gain the assistance of CBP is to utilize their Intellectual Property Rights Recordation System CBP's record system is separate and apart from the U.S. Patent and Trademark Office and Copyright office[...]
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