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How CBP Protects Your Intellectual Property Rights at the Border / ¿Derechos de propiedad intelectual en la frontera?

IPR --- As an intellectual property right (IPR) owner, you have the right to work with CBP to prevent the unauthorized importation of infringing goods into the U.S. Registered trademarks, trade names, and copyrights can all be recorded with the with U.S. Customs and Border Protection (CBP). CBP helps trademark and copyright owners prevent the unauthorized importation of infringing products. CBP has the ability to detain, seize, and issue penalties to those who import goods which violate intellectual property rights.

This article will discuss:

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By Jennifer Diaz|2019-08-27T17:32:58-04:00September 12, 2019|Best Practices, Counterfeits, International Law, International Trade, IPR, Trademarks and Logos|1 Comment

Top 11 Copyright Myths and Misconceptions / Los Top Once Mitos y conceptos erróneos sobre los Derechos de Autor

COPYRIGHT logo

1.- What is copyrightable and what is not?

Copyright protection exists in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.

Works of authorship include the following categories:

literary works;
musical works, including any accompanying words;
dramatic works, including any accompanying music;
pantomimes and choreographic works;
pictorial, graphic, and sculptural works;
motion pictures and other audiovisual works;
sound recordings; and
architectural works.

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By Jennifer Diaz|2019-10-21T08:17:26-04:00April 24, 2019|Best Practices, Counterfeits, International Business, International Law, IPR, Trademarks and Logos|0 Comments

TOP 10 MISTAKES MADE BY TRADEMARK OWNERS

trademark-symbols (1) In most jurisdictions, the majority of trademark filings are made by small businesses and entrepreneurs or solopreneurs. When starting a business, it is easy to get caught up on getting your business off the ground. Below outlines the TOP 10 mistakes trademark owners can make (and we will teach you how to avoid them and MUCH more in our seminar, ABC’s of Protecting Your Brand, on February 20, 2019).

Not Realizing That Protecting Trademarks Could Create Value for Your Business.

Most new businesses should analyze the value of their business from the start. While most businesses operate out of rented/leased space or straight out of the owner’s home and rely on loans to promote their services or financing for product inventory, businesses fall short in adding value to their own brand name. When it’s time to sell or liquidate businesses are left with little or no assets apart from their client lists and intellectual property, if any. Not investing in protecting their trademarks will diminish the value of their business in the future.

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By Jennifer Diaz|2019-03-06T11:31:49-05:00January 30, 2019|Best Practices, Counterfeits, Import, IPR, Trademarks and Logos, Speaking, U.S. Customs and Border Protection (CBP)|10 Comments

MY GOODS HAVE BEEN SEIZED, WHAT SHOULD I DO?!/ ¡Mis Bienes Han Sido Decomisados!, /¿Qué Debo Hacer?

Why Have My Goods Been Seized?

For many companies who begin the process of importing goods there is an expectation and an underlying hope that the entire process will run smoothly. However, if your product is not compliant with U.S. laws and regulations, 19 CFR Part 162 and 19 CFR 151 authorizes U.S. Customs & Border (CBP) to either detain or seize your goods upon importation. For importers, the best moment to contact a Customs expert is at the detention phase. This will expedite the correct communication with CBP and increase the likelihood of your product not being seized. […]

By Jennifer Diaz|2019-08-15T16:49:10-04:00July 23, 2018|Best Practices, Counterfeits, Currency Seizure, Customs Broker, Events, Import, International Law, International Trade, IPR, Trademarks and Logos, Seizures, U.S. Customs and Border Protection (CBP)|3 Comments

34,143 IPR Seizures in 2017, Sets Record!

IPR The Department of Homeland Security (DHS) is tasked with the monitoring of and enforcement of intellectual property rights (IPR). In DHS’s annual report, it discusses over 11 million containers arriving at seaports, 10 million transported on land by trucks, 3 million transported by train, and another quarter billion express packages transported by mail and plane. This report serves delves the work done by DHS.

The DHS’ annual report investigates products that infringe US trademarks and copyrights or are subject to exclusion orders issued by the US International Trade Commission as it threaten s the health and safety of American consumers and poses risks to our national interests.
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By Jennifer Diaz|2019-10-21T08:42:07-04:00June 25, 2018|Counterfeits, Customs Broker, Import, International Law, International Trade, IPR, Trademarks and Logos, Seizures, U.S. Customs and Border Protection (CBP)|2 Comments

CBP Sued Over Mandatory Hold Harmless Release Agreement

jkhkjh Did you know that when Customs and Border Protection (CBP) decides to release goods that were seized by CBP, it requires that you sign a Hold Harmless Release Agreement, as a prerequisite to receiving goods, which prevents you from filing suit against the government (for example for wrongfully detaining your goods)? Well this is a common practice among CBP and now a class action lawsuit is being brought against CBP for this practice.

How Did This Lawsuit Come About?

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By Jennifer Diaz|2018-05-18T13:34:46-04:00May 18, 2018|Counterfeits, Currency Seizure, International Law, International Trade, IPR, Trademarks and Logos, Seizures, U.S. Customs and Border Protection (CBP)|2 Comments

On the Brink of a Trade War: Trump’s New Tariff Plan on Chinese Imports

hands The Trump administration has engaged in a trade showdown with China, targeting more than $50 billion worth of products. The administration’s actions are the result of investigations under Section 301 of the Trade Act of 1974 (“Section 301”) and Section 232 of the Trade Expansion Act of 1962 (“Section 232”).

Section 301 […]

By Jennifer Diaz|2021-04-09T13:21:41-04:00April 6, 2018|AD/CVD, Best Practices, Counterfeits, Import, International Law, International Trade, IPR, Trademarks and Logos, U.S. Customs and Border Protection (CBP)|7 Comments

The UGG Boots Story: How Recording Your Registered Trademark Can Lead to a Jail Sentence

At the end of September 2017, Shi Wei Zheng, 42, plead guilty to one count of trafficking in counterfeit goods. During a five-month period, Zheng trafficked over 15,000 pairs of counterfeit UGG boots, with a total estimated retail value of over $2.5 million.
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Zheng created an elaborate scheme in order to receive and sell counterfeit UGG boots. From September 2016 through February 2017, Zheng received several shipping containers from an individual overseas, of which at least three containers were filled with counterfeit UGG boots. After the containers reached the Port of Entry, in this instance, Port of Newark, Zheng had individuals working at the port, remove the containers from the port before U.S. Customs and Border Patrol (CBP) could examine them. Once removed, the containers were delivered to other individuals, paid by Zheng to distribute the counterfeit boots in New Jersey and other places. […]

By Jennifer Diaz|2021-03-26T12:29:38-04:00October 19, 2017|Best Practices, Counterfeits, Import, IPR, Trademarks and Logos, Seizures, U.S. Customs and Border Protection (CBP)|4 Comments

31,560 Shipments Were Seized by CBP in 2016 for ONE Reason

ipr

Last year, on a typical day the U.S. Customs and Border Protections (CBP) seized about $3.8 million worth of products because of Intellectual Property Rights (IPR) Violations. CBP reported that the total number of IPR seizures has increased nine (9) percent since last year, from 28,865 in 2015 to 31,560 in 2016. With the manufacturer’s suggested retail price (MSRP) exceeding $1.3 trillion.

What is Causing the Increase in Seizures?

Recordation of Trademark And Copyright With The CBP

In addition to registration of IPR with the U.S. Patent and Trademark Office (USPTO for trademarks), or the U.S. Copyright Office (for copyrights), owners can record said trademark or copyright with CBP. This additional step grants CBP additional enforcement power in both seizing counterfeit and piratical goods as well as thereafter issuing penalties for the MSRP value of the goods. In previous blog posts, we explained benefits of taking the extra step of recording your registered trademark or copyright with CBP, and CBP’s additional enforcement powers as a result of the recordations. […]

By Jennifer Diaz|2017-03-23T15:44:07-04:00March 23, 2017|Counterfeits, Import, IPR, Trademarks and Logos, Seizures, U.S. Customs and Border Protection (CBP), U.S. Department of Homeland Security (DHS)|0 Comments

U.S. Customs – Your Personal Policeman at the Border

Many companies mistakenly believe that registering a trademark or copyright with the U.S. Government provides sufficient protection and remedies, and, therefore, do not take the extra step to record those trademarks or copyrights with U.S. Customs and Border Protection (U.S. Customs).

The processes achieve two completely different goals.

Registering a trademark with the U.S. Patent and Trademark Office (USPTO) or copyright with the U.S. Copyright Office gives public notice of one’s ownership of the trademark or copyright. On the other hand, the purpose of recording a trademark or copyright with U.S. Customs is to partner with the agency in preventing the unauthorized importation of merchandise that bears a recorded trademark or copyright. U.S. Customs prevents counterfeit and otherwise infringing products from entering or exiting the United States for registered trademark or copyright holders who have recorded their trademarks or copyrights with Customs. […]

By Jennifer Diaz|2019-08-14T09:29:03-04:00December 6, 2016|Best Practices, Counterfeits, Import, IPR, Trademarks and Logos, Seizures, U.S. Customs and Border Protection (CBP)|3 Comments