(If so, we can help. See below)
Another benefit to U.S. trademark owners that record their trademark with U.S. Customs is that U.S. Customs has the authority to issue monetary fines against anyone who facilitates the attempted introduction into the U.S. of seized and forfeited counterfeit merchandise. It is the anti-counterfeiting consumer protection act which provides authority for U.S. Customs to impose civil fines pursuant to 19 U.S.C. § 1526(F), in addition to the seizure and forfeiture of imported merchandise bearing counterfeit marks. The parties subject to monetary fines are any person who “directs, assists financially or otherwise, or aids and abets the importation of merchandise.”
U.S. Customs publishes a guidance document entitled “What Every Member of the Trade Community Should Know About: Mitigation Guidelines: Fines, Penalties, Forfeitures and Liquidated Damages.” The relevant portion of the guidance document discussing U.S. Customs authority to issue a fine in various situations is copied below:
If you receive a monetary fine from U.S. Customs, contact Diaz Trade Law today. We have helped numerous companies successfully mitigate penalties from CBP for underlying seizures of alleged counterfeit merchandise.
Successfully mitigated penalties from CBP for an underlying intellectual property rights violation. Some REAL examples include: