Category Archives: copyright

ITC rules Mahindra’s Roxor is copy of Jeep Wrangler.

June 15, 2020 By in copyright, International Trade Commission Tags: , , , , , , Leave a comment
Photo by Andrea Piacquadio on Pexels.com

According to The Detroit News, the International Trade Commission (ITC) ruled last week that Mahindra & Mahindra Ltd’s US-built “Roxor” off-road vehicle is a copy of the Jeep Wrangler SUV. As a result of this finding, the ITC ruling prohibits Mahinda from importing vehicles and components that copy the appearance of the Jeep. The Roxor was built from 2018 to 2019.

While the Roxor is built in Auburn Hills, some components such as the engine and some body panels are built in India and assembled in the United States. The next step for Mahinda is further review in which the current administration has 60 days to veto the decision on public policy grounds or Mahindra can appeal to federal circuit court.

The case was originally brought to the ITC by Fiat Chrysler America who claimed Roxor’s boxy shape, vertical sides and rear body and hood all shared similarities with FCA’s Jeep.

Fiat Chrysler is facing growing competition in the off-road sector that for decades it has dominated. In addition to the Roxor, the return of Ford Motor Co.’s Bronco and its smaller version is forthcoming. The Bronco is set to make its first appearance next month, and this week, Jim Farley, Ford’s chief operating officer, said during an auto industry conference held by Deutsche Bank that it would be a “much superior product” to Jeep.

Interesting fact I did not know – Jeep and Mahindra used to work together since 1940’s to build Jeeps for the Willy Overland Export Company.

Jeep and Mahindra had worked together starting in the 1940s when the Mumbai-based automaker began assembling Jeeps at its Kandivali plant under contract with Willy Overland Export Corp. Mahindra had defended itself that such past agreements dating to as late as 2009 gave them the right to build and sell the Roxor. Mahindra has also placed a bid proposal to build the next U.S. Postal Service (USPS) mail delivery vehicle, so we will likely hear more about them in the future.

CBP seizes counterfeit mermaid and fashion dolls.

July 1, 2018 By in copyright, Import, U.S. Customs and Border Protection, Uncategorized Tags: , , , , Leave a comment

barbie beautiful beauty bench

Photo by Pixabay on Pexels.com

As reported by the U.S. Customs and Border Protection (CBP) media relations office – CBP agents at the International Falls Port of Entry in Minnesota inspected a rail container and found merchandise that violated intellectual property rights (IPR) regulations.

As you are aware, CBP enforces the intellectual property rights and trademark rights of companies that register their mark with CBP. When goods are suspected of violating IPR – CBP will send photos or a sample to the property rights holder for verification. More often than not, the rights holder will notify CBP that the goods are counterfeit.

Specifically, CBP seized 60,180 mermaid and fashion dolls that contained copyright protected markings. If protected markings are found, even on a small doll accessory or only one doll, CBP will seize items as they had in this case. CBP calculates the seizure value based on the total MSRP if the items were authentic. Here, CBP in Minnesota claims the seized goods total approximately $601,198.

While the CBP media release doesn’t specifically mention the brand name, based on 60,180 dolls having a combined value of $601,198 and based on my experience as a parent to a daughter who loves Barbie – the seized dolls are counterfeit of the standard grocery store Barbie doll for about $10.

So what happens after a seizure? CBP will seize the goods and give the importer of record several options. CBP may also access civil penalties to the IOR.

If you or anyone you know has had items seized by CBP for IPR violations, or if you have any trade and customs law questions – contact experienced customs attorney, David Hsu at 832.896.6288 or by email at attorney.dave@yahoo.com.

 

 

Trump Announces Tariffs on at Least $50 billion in Chinese Goods.

March 22, 2018 By in Attorney, copyright, Customs Lawyer, U.S. Customs and Border Protection, Uncategorized Tags: , , , , , Leave a comment

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On March 22nd, President Donald Trump signed a memorandum instructing the U.S. Trade Representative to prepare a list of goods imported from China that will be subject to tariffs.

The tariffs are in response to China’s policies of forced technology transfers, forced joint ventures, intellectual property theft and technology licensing restrictions for U.S. companies doing business in China.

Check back here for the list when it is published. It is is estimated the list will include approximately 1,300 tariff lines and the public will have 30 days to submit comments.

If you have any questions how this may affect your imports, call experienced trade and customs attorney David Hsu at 832-896-6288 or email attorney.dave@yahoo.com

Office of the United States Trade Representative (USTR) issues their 2017 Out-of-Cycle Review of Notorious Markets.

January 15, 2018 By in Attorney, copyright, Import, Import Export Attorney, trade compliance, trade law, trademark, Uncategorized Tags: , Leave a comment

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On January 11, 2018, the USTR released their report on “notorious markets”. As the name suggests, the USTR issues annual reviews of cities, places or shopping areas (both physical and online) that are believed to be involved in large commercial-scale copyright piracy and trademark counterfeiting. In addition to financial losses, the USTR says copyright piracy and counterfeit goods undermine advantages to innovation, creativity of US workers while also posing risks to consumer health and safety.

The notorious market list (NML) maintained by the USTR highlights physical and online marketplaces that “reportedly engage in, facilitate, turn a blind eye to, or benefit from substantial piracy and counterfeiting”. The list includes 18 physical markets and over 20 online marketplaces. The USTR does note that the NML list does not make findings of legal violations nor reflects the US analysis of the IP protection and enforcement climate in the countries in which the listed markets are found.

The report focus this year is on “illicit streaming devices” that includes streaming, on-demand, and over-the-top media service providers or other piracy applications that allow users to stream content, download or otherwise access information. Such streaming devices include Amazon fire TV sticks that are “jailbroken” or have the “Kodi” application installed. Other lesser known manufacturers also sell and market such stream devices using keywords such as: mini tv, tv box, stream, kodi, internet media player, tv browser, android tv, or variations thereof. The USTR estimates pirated content viewed on these streaming devices cost up to $840 million in lost revenue in the US and over $4-5 billion a year to the entertainment industry.

The USTR report spends the remaining 35 pages of the report highlighting various websites and physical brick-and-morter markets worldwide that may contribute to the sale and distribution of counterfeit and intellectual property infringing products.

If you have had your imported goods seized by Customs due to suspected intellectual property and trademark violations, call David Hsu at 832.896.6288 or email attorney.dave@yahoo.com. Certain time limitations do apply and you need legal representation.