You sort of overlook that part, in your rebuttal. Lacking that permission, it clearly states the action to be taken...
..Upon seizure of such merchandise, the Secretary shall notify the owner of the trademark, and shall, after forfeiture, destroy the merchandise.
I am not objecting to giving it. It isn't mine to give, or keep. I would give it, were it mine. I was just quoting the law, as it is written!
I didn't overlook it at all. How do you know they don't have consent?
Tell you what, hold that thought for a moment.
We have a memo around here somewhere that addressed the issue of the goods and consent. As soon as I find it, I'll give you the explanation.
Okay, I'm back.
The goods that were given away either had (1) permission from the trademark holder or (2) the trademark obliterated.
Either way, it was done by the numbers.