Intellectual Property Rights Archives - Page 11 of 13 - Customs & International Trade Law Firm

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

NEW CBP Pilot Program Focuses on IPR Pre-Compliance

CBP is currently taking volunteers for a brand new Intellectual Property Rights (IPR) voluntary pre-compliance program. The Journal of Commerce reported on the new pilot program here. Do you agree with my comments?

CBP is asking for 9 volunteer filers to submit IPR Authenticating data via email into the Document Image System (DIS). Approved IPR authentication data may be submitted as documents via a PDF attachment to an email. IPR Authenticating data may be sent by shipment and is open in all shipping modalities.

Participants will include those who have previously experienced negative IPR violating exams. A great way to get back on CBP’s good side!

What documents is CBP looking for in advance of importation?

Licensee Agreements
Service Agreements
Maintenance Agreements
Packing Lists
Non-commercial invoices
Serial Numbers
Bar Codes
Photos of product, packaging, container seals,

CBP has already begun accepting volunteers – you have a limited time left to submit your company name.

Why volunteer?

CBP anticipates that this process will improve IPR targeting efficiencies, reduce the rate of negative IPR exams, facilitate authorized trade and increase CBP port productivity. Within one year’s time, CBP will conduct an evaluation of Advance Information on negative exam rate (and I was informed they will actually SHARE this data with participants! – you can finally let upper management know your compliance role has a real impact on your supply chain and saves the company time and money).

Importance of Pre-Compliance!

I created an extremely similar program for my clients years ago, where, through our pre-compliance plan, EVERY shipment […]

By Jennifer Diaz|2022-07-08T16:56:27-04:00October 13, 2014|Detention, Intellectual Property Rights, Seizure, U.S. Customs and Border Protection (CBP)|0 Comments

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

Large Seizure by CBP Highlights High Margins of Counterfeiting, and Necessity of Recordation

Co Authored by Michael De Biase

One of CBP’s latest news releases, dated September 27, 2013, noted that more than 16,000 counterfeit Hermes handbags were seized by Customs and Border Protection (“CBP”) because Hermes took the extra step of recording their intellectual property with CBP. Not surprisingly, when you analyze the difference between the alleged value of the counterfeit products (reported to CBP) as compared to the suggested retail price of the genuine goods, you have a grave difference. In this case, $295,665 (value of counterfeit goods) compared to $210,785,475 (value of genuine goods). That’s over $210 million worth of potential profits for the counterfeiters, at the expense of Hermes – a crime in every sense. Because Hermes recorded its intellectual property with CBP, CBP seized this infringing merchandise, and will also have the ability to issue a penalty for the MSRP of the merchandise. Yes, that means a penalty in the amount of $210,785,475 will be coming to the counterfeiters!

Most often, counterfeiters target large luxury brands whose goodwill and name recognition has a certain element of exclusivity. While some may not sympathize with profitable companies, what they fail to realize is that counterfeiting hurts in a variety of other ways. Counterfeiting hurts consumers who buy products under the false impression that they are genuine, companies whose goodwill is tarnished by the inferior quality of the counterfeit products bearing their brands, and it hurts those who worked hard to build something of substantial value. In this case, Hermes lost out on, potentially, more than $210 million dollars […]

By Jennifer Diaz|2022-07-08T16:15:20-04:00November 4, 2013|Import, Intellectual Property Rights, Seizure, U.S. Customs and Border Protection (CBP)|0 Comments

Do You Know the Top 10 Tips When Importing?

Do you know the top 10 tips when importing to ensure compliance? If not, here’s why you should listen to my Compliance Online webinar that took place on June 27, 2013 at 10:00 a.m., EST.

If you import merchandise into the U.S., you are the responsible party and must be aware your requirements and potential liability. In this presentation, we will discuss how to comply with U.S. Customs and Border Protection’s (CBP’s) vast laws and regulations. By the end of the webinar you will know and understand the importance of:

Tariff classification;
Customs valuation;
Country of origin marking;
Intellectual Property Rights (IPR) Protection and CBP Enforcement; and
Free Trade Agreements (FTA) you should be taking advantage of.

You will also learn basic customs concepts and terms like:

CBP Form 3461 & CBP 7501;
Protests;
Seizure cases;
Liquidated damage claims, Penalties/Fines;
Prior disclosure; and
FP&F Petition Process.

Learn key best practices and hear real life case studies. Learn what to do, and more importantly, what NOT to do, and what the consequences are for non compliance.

To hear the recorded version of this webinar, that took place on June 27, 2013, click here.

By Jennifer Diaz|2013-07-02T14:00:00-04:00July 2, 2013|Best Practices, Detention, Import, Intellectual Property Rights, International Trade, Pre-compliance, Seizure, U.S. Customs and Border Protection (CBP), U.S. Food and Drug Administration (FDA)|0 Comments

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