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Trademarks › Customs and Border Protection

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
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

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

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

Troutman Pepper Locke on

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

Skadden, Arps, Slate, Meagher & Flom LLP

Regulatory Strategies To Combat Counterfeit Beauty Products

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Increases in Counterfeit Beauty and Personal Care Products - The rise of e-commerce has led to increasing sales of counterfeit or noncompliant beauty and personal care products, including many that are knockoffs of...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

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

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

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

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

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

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

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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

Akin Gump Strauss Hauer & Feld LLP

Implementation Issues Arise Following Mexico’s Customs Agency Reorganization Under Military Authority

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Key Points - On January 1, 2022, Mexico eliminated its General Customs Administration (AGA, by its initials in Spanish), which had operated under the authority of Mexico’s central Tax Administration Service. In its place,...more

Verrill

Federal Trademark Registration

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Is your trademark registered? Should you register it? Why should you register it? What do you have to do? What does the process look like? Can you do it yourself or do you need to hire an attorney? These are just a few of the...more

Gibney Anthony & Flaherty, LLP

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

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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

Smart & Biggar on

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

Haug Partners LLP on

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

Jaburg Wilk

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

Jaburg Wilk on

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

Morrison & Foerster LLP

Expedited Trademark Applications For COVID-19-Related Goods And Services

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Recognizing the need for companies to quickly get products to market that might help combat the COVID-19 pandemic, the United States Patent & Trademark Office is now paving the way for shorter examination timelines for...more

ArentFox Schiff

Court Sides With Importer In Not Paying Duties on Royalties

ArentFox Schiff on

The case is instructive because these fees must be a “condition of sale” to be dutiable. Therefore, it is critical for importers to review the specific circumstances of their import transactions before including or excluding...more

Hogan Lovells

Bi-partisan legislation would permit U.S. Customs to seize counterfeits infringing design patents

Hogan Lovells on

The Counterfeit Goods Seizure Act of 2019 aims to close a loophole in the current law and provide U.S. Customs the authority to seize counterfeit goods infringing design patents....more

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

MarkIt to Market® - June 2019: A Coexistence Caveat for Junior Users

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

Many trademark disputes are resolved by coexistence agreement – a contract whereby two trademark owners agree to use similar trademarks, but with certain limitations in place to avoid a likelihood of confusion in the...more

Bradley Arant Boult Cummings LLP

The Hobby Games Industry Needs to Up Its Game to Fight Counterfeiting - Intellectual Property News

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Like many industries, the hobby games (HG) industry suffered from unprecedented counterfeiting problems in recent years. Despite steadily rising popularity, until recently HGs were not much affected by piracy and...more

McDonnell Boehnen Hulbert & Berghoff LLP

Customs Recordations of Trademarks and Copyrights

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The U.S. Customs and Border Protection (“CBP”) agency can provide IP rights owners with powerful tools to stop infringing articles from entering the United States. According to CBP statistics, in fiscal year 2015, for...more

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

Trademark Practice Update: Scandalous? Immoral? It's all Good

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

On December 15, 2017, the U.S. Court of Appeals for the Federal Circuit held that the Lanham Act’s prohibitions on registering scandalous and immoral marks discriminated based on content, and violated the First Amendment (In...more

Mintz - Trademark & Copyright Viewpoints

Company “Branding” and the Benefits of Federal Trademark Registration

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Selecting and protecting your “brand” should begin from the very moment a business is in the process of being formed, whether that business is a sole proprietorship, partnership, corporation, limited liability company, or...more

Foley Hoag LLP - Making Your Mark

. . . And Your Name Is? Court Orders Anonymous Parallel Importer To Reveal Itself In “Lever Rule” Trademark Challenge

Foley Hoag LLP - Making Your Mark on

We recently hosted an event at the firm where we discussed legal issues concerning parallel imports in the transportation industry, so a recent decision by the U.S. Court of International Trade discussing “Lever Rule”...more

Knobbe Martens

Catching Counterfeits: Customs Recordation and IP Enforcement

Knobbe Martens on

U.S. Customs and Border Protection (“CBP”), the primary federal agency responsible for securing America’s borders, is also charged with the protection of intellectual property rights and guarding against the infringement of...more

Best Best & Krieger LLP

Best in Law: How You Can Combat Chinese Counterfeits

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Counterfeit products can create significant problems for businesses. Chinese counterfeiting costs foreign businesses billions of dollars a year in lost profits, according to an ABC News report last year. Counterfeiting...more

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