IPR, Trademarks and Logos Archives - Page 7 of 10 - Customs & International Trade Law Firm

Did You Know That Sunglasses Are Regulated by The FDA As Medical Devices?

Did You Know That Sunglasses Are Regulated by The FDA As Medical Devices?

Whether you import sunglasses into the United States or sell sunglasses in the U.S. commerce, you are required to comply with the laws and regulations of the U.S. Food & Drug Administration (FDA). The FDA regulates sunglasses products to ensure their safety and impact resistance. These products are regulated as medical devices as they are intended to mitigate or prevent the effect of the sun’s ultraviolet (UV) rays on the eyes of a person. The term “Medical Device” is defined in 21 CFR 201(h).

The following are FDA regulations that apply sunglasses. Failure to comply with them may result in CBP and FDA detaining your sunglasses at the U.S. port of entry.

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By Jennifer Diaz|2022-07-07T13:31:00-04:00May 30, 2019|Customs Expert, Enforcement, Expert, FDA Issues, Import, International Trade, IPR, Trademarks and Logos, Labeling, Medical Devices|0 Comments

Top 11 Copyright Myths and Misconceptions

1.- What is copyrightable and what is not?

Copyright protection exists in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.

Works of authorship include the following categories:

literary works;
musical works, including any accompanying words;
dramatic works, including any accompanying music;
pantomimes and choreographic works;
pictorial, graphic, and sculptural works;
motion pictures and other audiovisual works;
sound recordings; and
architectural works.

Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. After all, copyright law doesn’t protect ideas, only the expression of the ideas.

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By Jennifer Diaz|2021-12-07T14:50:14-05:00April 24, 2019|Best Practices, Counterfeits, Intellectual Property Rights, International Business, International Law, IPR, Trademarks and Logos|0 Comments

CATCH UP ON DTL’S TOP BLOGS FROM 2018!

We want to make sure you stay up to date with the hottest trade topics from 2018. below is a summary of what you missed by category. Enjoy!

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34,143 IPR Seizures in 2017, Sets Record!

The Department of Homeland Security (DHS) is tasked with the monitoring of and enforcement of intellectual property rights (IPR). In DHS’s annual report, it discusses over 11 million containers arriving at seaports, 10 million transported on land by trucks, 3 million transported by train, and another quarter billion express packages transported by mail and plane. This report serves delves the work done by DHS.

The DHS’ annual report investigates products that infringe US trademarks and copyrights or are subject to exclusion orders issued by the US International Trade Commission as it threaten s the health and safety of American consumers and poses risks to our national interests.
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By Jennifer Diaz|2019-01-03T05:24:33-05:00June 25, 2018|Counterfeits, Customs Broker, Import, International Law, International Trade, IPR, Trademarks and Logos, U.S. Customs and Border Protection (CBP)|1 Comment

The UGG Boots Story: How Recording Your Registered Trademark Can Lead to a Jail Sentence

At the end of September 2017, Shi Wei Zheng, 42, plead guilty to one count of trafficking in counterfeit goods. During a five-month period, Zheng trafficked over 15,000 pairs of counterfeit UGG boots, with a total estimated retail value of over $2.5 million.

Zheng created an elaborate scheme in order to receive and sell counterfeit UGG boots. From September 2016 through February 2017, Zheng received several shipping containers from an individual overseas, of which at least three containers were filled with counterfeit UGG boots. After the containers reached the Port of Entry, in this instance, Port of Newark, Zheng had individuals working at the port, remove the containers from the port before U.S. Customs and Border Patrol (CBP) could examine them. Once removed, the containers were delivered to other individuals, paid by Zheng to distribute the counterfeit boots in New Jersey and other places.

Lucky for the owners of the UGG brand, Deckers Outdoor Corporation (Deckers), CBP halted Zheng’s operation, in part as a result of Decker recording its registered trademark with CBP on June 7, 2016. After the recordation was processed, CBP began a more intense “guard dog watch” of the UGG brand merchandise at all Ports of Entry throughout the U.S. This meant that Deckers exercised its right to protect its word mark “UGG” at all U.S. borders. The recordation of the protected mark ultimately lead CBP to identifying counterfeit UGG merchandise and holding the culprit, Zheng, accountable for violating 18 U.S.C. § 2320, trafficking in counterfeit goods, […]

By Jennifer Diaz|2021-12-07T14:52:03-05:00October 19, 2017|Best Practices, Counterfeits, Intellectual Property Rights, IPR, Trademarks and Logos, Pre-compliance, Seizure, U.S. Customs and Border Protection (CBP)|0 Comments

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