China Archives - Page 24 of 25 - Customs & International Trade Law Firm

U.S. Customs – Your Personal Policeman at the Border

Many companies mistakenly believe that registering a trademark or copyright with the U.S. Government provides sufficient protection and remedies, and, therefore, do not take the extra step to record those trademarks or copyrights with U.S. Customs and Border Protection (U.S. Customs).

The processes achieve two completely different goals.

Registering a trademark with the U.S. Patent and Trademark Office (USPTO) or copyright with the U.S. Copyright Office gives public notice of one’s ownership of the trademark or copyright. On the other hand, the purpose of recording a trademark or copyright with U.S. Customs is to partner with the agency in preventing the unauthorized importation of merchandise that bears a recorded trademark or copyright. U.S. Customs prevents counterfeit and otherwise infringing products from entering or exiting the United States for registered trademark or copyright holders who have recorded their trademarks or copyrights with Customs. […]

By Jennifer Diaz|2021-12-07T14:53:59-05:00December 6, 2016|China, Counterfeits, Detention, Enforcement, Import, Intellectual Property Rights, International Trade, IPR, Trademarks and Logos, Pre-compliance, U.S. Customs and Border Protection (CBP)|8 Comments

Ongoing Hoverboard Concerns

The U.S. Consumer Product Safety Commission (CPSC) and U.S. Customs and Border Protection (CBP) Address Ongoing Litigation & Seizure of one of the hottest toys, the Hoverboard.

Hoverboards, as they are commonly known, are self-balancing two-wheeled electric scooters. They are powered by controversial rechargeable batteries that have recently garnered attention for malfunctioning, causing devices to catch fire and destroy homes. The lithium-ion batteries have been known to overheat, catch fire, and explode without warning.

Several airlines have begun to prohibit transportation of the boards aboard aircraft, due to safety concerns. Amazon.com is placing safety first and offering consumers that have purchased a hoverboard from Amazon a full refund. Hoverboards are also facing additional litigation from Mark Cuban, who potentially has a patent infringement claim against Walmart for selling the devices.

According to the United States Consumer Product Safety Commission, “The federal government continues to work in close coordination on this serious issue. Officials from CPSC, U.S. Customs and Border Protection, the U.S. Department of Transportation and the Federal Aviation Administration are regularly sharing information and insights with a common goal of taking whatever steps are necessary to prevent injuries and property damage from fires and falls.” They recommend having a fire extinguisher handy and keeping the device far away from combustible materials while charging. There are not currently any safety standards in place for hoverboards, which would require proof of sound design, manufacturing, and quality control processes. This lack of regulation adds to the danger […]

By Jennifer Diaz|2016-01-27T16:57:49-05:00January 27, 2016|Best Practices, China, Import, Intellectual Property Rights, International Business, International Trade, International Travel, Pre-compliance, Seizure, U.S. Consumer Product Safety Commission (CPSC), U.S. Customs and Border Protection (CBP)|1 Comment

Exports from China are on the Rise – What is your IPR Plan?

On April 11, amid a high demand for soccer apparel in preparation for FIFA World Cup, U.S. Customs and Border Protection (CBP) seized counterfeit soccer apparel shipped from China to the Port of Savannah. The value of the seized goods exceeded $1 million in manufacturer’s suggested retail price (MSRP). The apparel seized contained counterfeit trademarks of the following professional soccer clubs: Arsenal, Barcelona, Celtic, Chelsea, Mexican Federation, Paris Saint-Germain, and Real Madrid. Little did they know they should have tried to import Germany’s soccer club’s apparel. “You look at that Chelsea patch, and it just looks off,” said Steve Sapp, a spokesman for U.S. Customs and Border Protection. “The last B is smaller than the rest, and that’s the kind of thing you often see with these counterfeit goods. Our investigators know the signs that these goods aren’t real.” Both images are provided below for you to see for yourself – check out the extra space at the top, and the “u” in club.

This month, CBP again seized a shipment of counterfeit soccer apparel from China. This time, the shipment arrived in San Juan, Puerto Rico and the apparel consisted of Brazilian, Italian and Argentinian national soccer clubs’ uniforms. “The trade in these illegitimate goods is associated with smuggling and other criminal activities, and often funds criminal enterprises”, stated Area Port Director Juan Hurtado. The apparel shipped to Puerto Rico violated the intellectual property rights (IPRs) of Puma, Adidas and Nike.

With exports from China rising, protecting intellectual […]

By Jennifer Diaz|2022-07-08T16:46:57-04:00July 17, 2014|China, China Trade War, Intellectual Property Rights, International Business, International Law, International Trade, Seizure, Supply Chain, U.S. Customs and Border Protection (CBP)|0 Comments

As U.S. Imports from China Intensify so does CBP Enforcement

Co-authored by Michael De Biase.

With the concentration of US imports from China increasing in parallel with intellectual property rights seizures, companies rely heavily on the government, specifically on US Customs and Border Protection (“CBP”) to help protect and enforce their intellectual property rights (“IPR”).

According to Global Sources, a leading business-to-business media company and a primary facilitator of trade with Greater China, “US imports from China [are] more concentrated than ever“.

Data from the U.S. Department of Commerce establishes that importation into the U.S. is a concentrated field, with the top 500 U.S. importers – 0.4 % of all importers – comprising roughly 68% of all imports by value in 2010. Imports from China, although somewhat less concentrated, are still dominated by larger enterprises, as companies with more than 500 employees – 4% of all importers from China – account for 60% of all imports from China. As concentration increases, the opportunity to trade in quantities that take advantage of China’s economies of scale decrease; thus, heightened concentration is not a good thing for Chinese manufacturers.

While the import concentration from China is growing, CBP is reporting a record number of IPR seizures. From 2010-2011 alone, IPR seizures increase by 24%, and have nearly doubled since 2009. Considering that China is the number one source company of imports, it should come as no surprise that it also accounts for the largest number of IPR seizures, with 62% of […]

By Jennifer Diaz|2022-07-07T09:24:36-04:00September 18, 2012|Best Practices, China, China Trade War, Counterfeits, Import, Import Alert, International Business, International Law, International Trade, IPR, Trademarks and Logos, Supply Chain, U.S. Customs and Border Protection (CBP)|0 Comments

China Sourcing Fair – How to Solve U.S. Customs Issues When Importing From China

The rewards of sourcing from China are well known, but succeeding at it is far from simple. With a sluggish global economy resulting in unpredictable market changes, cost-effective sourcing is important.

To help you build or sharpen your China sourcing strategies, I am thrilled to be part of a new series of “How to Source from China” conferences at the China Sourcing Fair (July 10-12, Miami)!

The conferences are led by industry experts, and reveal real-life sourcing risks in China. We will share actionable knowledge at every step as the project moves from concept to delivery, and the conference will offer in-depth insights and practical tips on do’s and don’ts of China sourcing. Whether you’re a beginner or veteran buying professional, the FREE conference program is your chance to learn how to source efficiently and effectively from the “world’s factory”.

Register now to enhance your importing skills and knowledge today! Conference seats are limited and are on a first-come, first-served basis.

I will be speaking on “How to Solve U.S. Customs Issues When Importing From China”.

Intellectual property rights (IPRs) are a priority trade initiative for U.S. Customs. Most confiscated China imports violated US Customs’ IPR laws, which should serve as a reminder when buying from China.

In my seminar, we will look at ways of preventing and dealing with these issues. In particular, we will cover:

Trademark / copyright violations (What U.S. Customs looks for)
Top […]

By Jennifer Diaz|2019-08-26T20:00:17-04:00July 10, 2012|China, China Trade War, Import, Intellectual Property Rights, International Law, International Trade, Supply Chain, U.S. Customs and Border Protection (CBP)|0 Comments

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