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HQ 469268




April 18, 2000

TMK-1 IT:IP:RR 469268

CATEGORY: TRADEMARKS

Bill Hatraff
Geo Exports
6027 Gettysburg Dr.
St. Louis, MO 63129

RE: Ruling Request on Soccer-Style Jersey

Dear Mr. Hatraff:

This is in response to your request dated March 24, 2000, for a binding ruling under 19 CFR 177.1(a)(1) regarding the importation of a soccer style jersey.

FACTS:

Enclosed with the request for a binding ruling was a short sleeve yellow soccer style jersey with forest green striping along the shoulders, arms and cuffs. The shirt bears no designs or trademarks. The soccer-style jersey is depicted below:

ISSUE:

Whether the submitted sample infringes a registered trademark or copyright.

LAW AND ANALYSIS:

Pursuant to 19 USC 1526(e) articles that bear marks that are counterfeit of trademarks registered with the U.S. Patent and Trademark office and recorded with Customs are subject to seizure. Seized articles remain in Customs custody pending forfeiture. Seizure is defined as “the act, fact, or process of seizing: as a: the seizing of property that involves meaningful interference with a person’s possessory interest in it.” Merriam-Webster’s Dictionary of Law , 1996. Pursuant to 17 USC 603, articles that are piratical of copyrights registered with the United States Copyright Office and recorded with Customs are subject to seizure.

The submitted sample contains no marks or designs. Accordingly, the submitted sample does not infringe a registered trademark or copyright.

The unauthorized placement of marks or designs that infringe registered trademarks and/or copyrights on the sample would render the article infringing.

HOLDING:

The submitted sample does not infringe a registered trademark or copyright.

Sincerely,

Joanne Roman Stump
Chief, Intellectual Property

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