In the past we wrote an article about importing remanufactured or refurbished cellular phones here. Based on frequent phone calls pertaining to this issue there is some additional information for importers of such products to know. Best to explain with the following fact pattern: A U.S. company exports broken Apple and Samsung phones to a China factory for repairs. The phones may have various issues including failed battery, cracked screens, scratched or damaged housing i.e. backplate and front plate of the phone, or defective camera. These phones are then repaired[...]
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[...]
Enforcing intellectual property (ip) rights has become the hallmark area to which a majority of seizures stem from. It is vital that companies go through the procedures for registering their trademarks, copyrights, etc with Customs. There is a balancing act that must be accounted for, the rights of the owner protecting its exclusive property interest versus any user (whether innocent or not) who is subject to intellectual property infringement. However, if Customs is unaware as to the "marks" (i.e. they are not registered) goods may come in that violate a[...]
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