News & Analysis as of

Customs and Border Protection Intellectual Property Protection

Irwin IP LLP

Masimo Suit Highlights Potentially Abusive CBP Power

Irwin IP LLP on

U.S. International Trade Commission; Limited Exclusion Order; Investigation No. 337-TA-1276; Certain Light-Based Physiological Measurement Devices and Components Thereof (Aug. 1, 2025) - Parties that believe their U.S....more

Troutman Pepper Locke

I Found An “I-Dentical” (or Similar) Trademark! What Now?

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“I-dentical.” With a clap for emphasis and a wave of two hands, this phrase became one of the more memorable quotes from a trial. Although, in this case, it was a trial made for Hollywood, where Joe Pesci, a New York...more

Gibney Anthony & Flaherty, LLP

Bipartisan Bill Introduced to Combat Counterfeit Imports

Senators Chuck Grassley (R-Iowa) and Maggie Hassan (D-N.H.) introduced bipartisan legislation to detect and combat counterfeit and pirated imports. Companion legislation is also being introduced in the House by Reps. Blake...more

Foley & Lardner LLP

Five Compliance Best Practices for … Customs Intellectual Property Rights

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As an accompaniment to our biweekly series on What Every Multinational Should Know About various international trade, enforcement, and compliance topics, below find an update to our “Five Compliance Best Practices” series,...more

Adams & Reese

United States: How a multi-pronged legislative approach is curbing the online trade in fakes

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Anti-counterfeiting enforcement in the United States stems largely from two federal statutes: the Lanham Act (codified at 15 USC Section 1051) and the Trademark Counterfeiting Act 1984 (codified at 18 USC Section 2320). The...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

A Reminder on the Benefits of a Federal Trademark Registration

During uncertain economic times, it may be tempting to forego the expense of filing for (or maintaining) a federal registration to protect a trademark, relying instead on common law rights acquired through use in commerce....more

Troutman Pepper Locke

FDA and CBP Seize Nearly $34M Worth of Illegal E-Cigarettes in Joint Operation

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In the first major enforcement action involving the importation of illegal tobacco products by the new administration, and on the heels of the appointment of the new acting director of the U.S. Food and Drug Administration...more

American Conference Institute (ACI)

[Event] 17th Annual Practitioners' Think Tank on ITC Litigation & Enforcement - March 31st - April 1st, Washington, DC

Examine real-world strategies for tackling the most pressing challenges in ITC practice at ACI’s 17th Annual Practitioners' Think Tank on ITC Litigation & Enforcement. Be in the same room with leading in-house counsel,...more

Mintz - ML Strategies

Pre-Election Analysis: International Trade

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As the 2024 US general election approaches, international trade has emerged as a pivotal issue, with presidential candidates Vice President Kamala Harris and former President Donald Trump navigating a complex web of global...more

Wolf, Greenfield & Sacks, P.C.

Top Five Recent Developments in Section 337 Litigation

2023 was an exciting year for Section 337 litigation at the ITC and 2024 is off to an equally interesting start. In this article, Libbie DiMarco reviews five of the most interesting recent developments in Section 337...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - March 2024: True Fans Keep It Real: Behind the IPR Center's Operation Team Player Public Awareness Campaign

While many brand owners are generally aware of and work with U.S. Customs and Border Protection (CBP) to record trademark and copyright registrations and help with seizures, fewer may understand the role of the National...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - March 2024

Welcome to the March 2024 issue of Sterne Kessler’s MarkIt to Market® newsletter. This month, we discuss the IPR Center’s efforts to stop global IP theft and address counterfeiting on both home and foreign turf; a recent TTAB...more

Wolf, Greenfield & Sacks, P.C.

[Hybrid Event] Damage Control: Mitigating ITC Remedial Orders with Effective Redesign and Parallel Litigation Strategies -...

Join litigation shareholder Libbie DiMarco as she breaks down the latest developments for mitigating ITC remedial orders with effective litigation strategies ranging from product redesigns (and when to introduce them) to PTAB...more

Foley & Lardner LLP

How Rights Owners Can Be Proactive With CBP Enforcement

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Ever since the U.S. Customs and Border Protection designated intellectual property rights, or IPRs, as a priority trade issue, the agency has seized billions of dollars in counterfeit goods. In 2021 and 2022, CBP seized...more

Foley & Lardner LLP

Top Legal Issues Facing the Manufacturing Sector in 2023

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Agility and resiliency remain essential attributes for manufacturers in 2023. Manufacturers are no longer focused on figuring out when things will return to “normal.” Instead, they are applying lessons learned from the...more

Womble Bond Dickinson

Avoiding Supply Chain Disruption in International Trade Commission Section 337 Investigations

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Companies invest in securing supply chains from disruption by economic and political factors, financial difficulties of suppliers, and, as we’ve recently seen, global pandemics. For those either importing goods or relying on...more

Foley & Lardner LLP

Automation, Electrification, and Connectivity: The Auto Industry in the ITC

Foley & Lardner LLP on

Automakers and their suppliers have long been participants in unfair trade investigations before the International Trade Commission (“ITC”), but the scope and subject matter of automotive-related investigations is evolving....more

Cozen O'Connor

Federally Registering the Trademark of Your NFT

Cozen O'Connor on

In order to legally own your non-fungible token (NFT) brand, you can and should consider federally registering the trademark on it. NFTs are inherently valuable given that they represent unique, irreplaceable digital assets....more

Gibney Anthony & Flaherty, LLP

Protecting Your Brand: Five Cost-Effective Customs & Border Protection Tools to Stop Counterfeit Goods at the Border

With the ever-evolving world of brand protection, it may be easy to overlook some of the strongest tools available for protecting a brand. We are often drawn to the latest software or technology to stop counterfeits from...more

Smart & Biggar

How to record your brand’s rights and stop counterfeit goods at the Canadian border

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As we approach the one-year anniversary of the coming into force of the Canada-United States-Mexico Agreement (CUSMA) on July 1, 2021, we reflect on the changes that the CUSMA brought about for brand owners, particularly at...more

Haug Partners LLP

The Impact of COVID-19 and Accelerated Growth of E-commerce on Gray Market Sales

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COVID-19 has impacted almost every aspect of society—our lives, our jobs, and our businesses. In addition to dominating decisions relating to consumer spending and purchasing, COVID-19 has created surpluses of goods,...more

Robinson & Cole LLP

IP+T: Intelligence Newsletter - Q4 2020

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Ready for 2021? Make Your (IP) List and Check It Twice - The events of 2020 have posed unique challenges to businesses in the U.S. and globally, testing their ability to adapt to new market conditions, re-evaluate resource...more

Jaburg Wilk

Making Every Dollar Count: Should Startups and Small Businesses Register Their Trademarks?

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How important is reputation in your line of work? What is it worth? Does it matter that others associate your company with consistently high-quality goods or services? That your company represents a strong value-add...more

Gibney Anthony & Flaherty, LLP

IP Enforcement in the Age of Covid-19 (An Update)

Over five months ago, we entered one of the darkest periods of recent memory. The safety of family and friends became paramount as priorities changed and numerous activities simply stopped. Our online world became our...more

Morgan Lewis

ITC Rescinds Seizure & Forfeiture Order after CIT Determines Redesign Does Not Infringe

Morgan Lewis on

A recent decision by the International Trade Commission (ITC) to temporarily rescind a seizure and forfeiture order after the Court of International Trade (CIT) granted summary judgment of non-infringement for certain...more

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