United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1993 HQ Rulings > HQ 0450381 - HQ 0452915 > HQ 0451754

Previous Ruling Next Ruling



HQ 451754


November 13, 1991

TRA CO:R:IT:I 451754 TPT

CATEGORY: TRADEMARKS

District Director of Customs
One Virginia Avenue
Wilmington, North Carolina 28401

RE: Suspected Trademark Infringement of Various Registered, but unrecorded trademarks

Dear Sir:

This is in response to the district's FP&F office, requesting advice on the issue of infringement in regard to various registered trademarks not recorded with Customs.

ISSUE:

Whether the caps, socks, and sweatbands bearing various trademarks infringe trademarks which are registered with the U.S. Patent & Trademark Office (PTO) but not recorded with U.S. Customs?

LAW AND ANALYSIS:

U.S. Customs may seize merchandise which is introduced or attempted to be introduced contrary to law under section 1595a(c) of the Customs Laws (19 U.S.C. 1595a(c)). In instances where the infringed trademark is registered with the PTO, but not recorded with Customs, Customs examines the merchandise to determine if a the imported goods bear a counterfeit or substantially indistinguishable mark. See 15 U.S.C. 1127. Trafficking in merchandise which bears a mark that is substantially indistinguishable from a registered trademark or a mark which is a counterfeit of a registered trademark is a violation of section 2320 of the Criminal Laws (18 U.S.C. 2320).

The instant matter involves eleven separate trademarks which are registered with the PTO, but not recorded with Customs.

Trademark Reg. No.
Shimano & Design 1,449,808
Raleigh 1,010,107
Ragbrai 1,062,956
2

Toshiba 1,405,380
Campagnolo 1,184,682
Cinelli 1,390,890
Suntour 1,191,644
Cafe de Colombia 1,266,492
Tour de France 1,455,990
Brooklyn 1,273,222
Giro 1,541,697

Samples forwarded to this office which bear marks that may infringe are various caps, socks, and sweat bands. In this case, where the marks are registered, but not recorded with Customs, seizure should be executed only against merchandise bearing counterfeit or substantially indistinguishable marks. Goods bearing confusingly similar marks should not be seized.

After examining the registered marks against the marks on the sample merchandise forwarded to this office, we conclude that the merchandise should be seized except those bearing the words "Giro" and "Campagnolo."

HOLDING:

The merchandise bearing unauthorized marks as described above is subject to seizure under 19 U.S.C. 1595a(c) for a violation of 18 U.S.C. 2320. We conclude that the merchandise bearing the words "Giro" and "Campagnolo" are not subject to seizure because the trademarks are not recorded and are not considered to be counterfeit or substantially indistinguishable.

Sincerely,

John F. Atwood, Chief

Previous Ruling Next Ruling