tag:blogger.com,1999:blog-12154253.post2482382377638094168..comments2024-03-20T00:33:13.961-05:00Comments on Customs Law: Pop Quiz: Counterfeit?Larryhttp://www.blogger.com/profile/13659537105506728479noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-12154253.post-71066638885505915442010-11-08T14:40:31.036-06:002010-11-08T14:40:31.036-06:00Hi I have a question that maybe you can answer. A ...Hi I have a question that maybe you can answer. A few months ago I received a letter from customs saying that a shipment of 10 counterfeit hair irons had been seized. I never claimed anything because I had never ordered such items.<br /><br />Now I get a law suit from the company talking about infringement and a whole bunch of mumbo jumbo. My company sells educational products which are copyrighted by us. I have never sold any beauty products etc...so my company has no record of selling such items and they don't have proof of me selling anything either.<br /><br />Sometimes I have bought things from China but for personal use but never for resale. In this particular case I never ordered any such products.<br /><br />Can this idiot company still get away with what they are doing?<br /><br />By the way although I have been in business for 11 years I am closing it in the next 2 months to open another one because I am moving into the health related industry for a line of products we developed. Dont know if that helps any.<br /><br />THANKSRichardhttps://www.blogger.com/profile/15545803885369449825noreply@blogger.comtag:blogger.com,1999:blog-12154253.post-948210654118941452010-11-05T16:30:02.960-05:002010-11-05T16:30:02.960-05:00Anonymous is right. Grey market goods are often le...Anonymous is right. Grey market goods are often legally imported (assuming no material differences from the domestic product). Customs has a very hard distinguishing between grey market products and counterfeits. The problem is that importers have the same problem and are often duped into buying counterfeits after being told they are legitimate but non-US goods. This can leave the importer in the tough position of trying to prove the negative the the goods are not counterfeit. People lose merchandise in these scenarios. I have seen Customs state in public that it needs to work more closely with all legitimate importers including parallel or grey market imports. What they do on that front remains to be seen.Larryhttps://www.blogger.com/profile/13659537105506728479noreply@blogger.comtag:blogger.com,1999:blog-12154253.post-36495421179299103912010-11-05T15:53:10.319-05:002010-11-05T15:53:10.319-05:00The other big issue that isn't discussed is im...The other big issue that isn't discussed is importation of grey market goods. These are genuine goods bearing the authentic mark at issue, but manufactured or acquired outside the US. The ports need more training in not just assuming that all goods are infringing because the trademark holder says so, but that sometimes the trademark holder's own sister company is selling genuine products destined for the US market. If that is the case, then the problem is intra-company, not with the import(er).Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12154253.post-29136848252622215132010-11-04T13:06:33.948-05:002010-11-04T13:06:33.948-05:00Good explanation Larry.
On the importer side you...Good explanation Larry. <br /><br />On the importer side you should also make sure what you are buying does not look like something that has a trademark. I could see some poor dupe buying batteries not seeing what they looked like and getting the "Young Emperor" brand.<br /><br />Also if you have a licensing agreement, you should have a copy of it sent to your logistics department, broker, etc., so it is ready to show customs on arrival.Lowell DeFrancehttps://www.blogger.com/profile/11825824871077113002noreply@blogger.com