Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: antiRepublicrat
And a store got raided over this?

And trademark infringement is enforced by homeland security? Also, AFAIK, enforcement by customs occurs after a court order issues.

168 posted on 12/16/2005 12:11:45 PM PST by Cboldt
[ Post Reply | Private Reply | To 145 | View Replies ]


To: Cboldt
And trademark infringement is enforced by homeland security?

DHS took over Customs. One of Customs' jobs is to stop items that violate our IP from entering the country. A common example of their legitimate enforcement in relation to trademark is when they seize shipments of counterfeit designer clothes and watches. I do not believe it requires a court order.

If you have a valuable trademark or copyright, you can register it with Customs so they will know to look out for counterfeit items entering the country and detain or sieze them. If you're not registered and they still catch something, they may still detain items in the case of a clear and obvious infringement, but will not detain items that are simply suspected of infringement.

What I don't understand is telling a store to remove items from the shelf. All the directives I've seen say to sieze or detain the items. In a circumstance such as this, it already being in the country in stores all over, I'd expect an infringement suit against the manufacturer by the holder of the IP, but of course this one would have been thrown out immediately.

209 posted on 12/16/2005 1:04:44 PM PST by antiRepublicrat
[ Post Reply | Private Reply | To 168 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson