The opinions expressed are those of David Hsu and do not necessarily reflect the views of the firm, its partners, or its clients. The information in this blog is for general information purposes only and is not intended to be and should not be taken as legal advice on any subject. No recipient of content from this site, clients or otherwise, should act on the basis of any content in this site without seeking the appropriate legal or professional advice based on the particular facts and circumstances at issue from an attorney licensed in the recipient's state.
U.S. Customs and Border Protection (CBP) officers in Baltimore seized unapproved COVID-19 medications, facemasks and test kits earlier this month.
The seized goods included 1,200 pills of COVID medicines, including Hydroxycholorquine sulfate, 2,000 pills of various anti-COVID drugs not approved by the FDA, and 100 unapproved test kids. Besides unapproved drugs and test kits, CBP also seized face masks with registered trademarked logos such as Nike, Adidas, Fila and even Manchester City football club.
This most recent seizure is just one of many seizures of test kits, diagnostic kits, respirators and even unapproved face masks.
If your goods have been seized by Customs, contact customs attorney David Hsu at 832-896-6288 or by email at email@example.com.
Another day, another U.S. Customs and Border Protection (CBP) counterfeit seizure – this time in San Juan, Puerto Rico. According to the CBP media release, San Juan Field Operations seized counterfeit jewelry from a shipment originating out of Hong Kong. If genuine, Customs estimated the shipment to be worth approximately $1.2 million.
CBP did not mention the copied brands, but the photo attached to the media release was labeled “Piguet”, perhaps the name found on the watch to copy the “Piaget” brand.
Author’s comments – if the image of the watch attached to the media release is indicative of the products seized, it seems like this shipment probably was not trying to copy any actual luxury brands.
I don’t wear a watch – but looking at the Piaget watches sold online – I don’t see anything closely resembling what is shown in the attached photo. Most Piaget watches I see online look like a typical watchface with dials and easy to read numbers – much different than the “diamond” covered face of the seized watch. My guess is that a manufacturer in Shenzhen created their own brand of watches and needed a name, and therefore took the “Piaget” name and changed a few letters to “Piguet” (which appears more similar to the “Peugeot” car brand.
I understand that Customs is tasked with enforcing registered marks, word marks, trademarks etc., however, is this “Piguet” watch an attempt to counterfeit a real “Piaget” watch? Or is this an instance of a manufacturer taking a brand name, and changing it. I always think back to the old Simpsons episode where Homer buys a “SORNY” TV instead of a real “SONY”.
A quick search on Alibaba shows “Reebow” branded athletic equipment, and “Hommy Tilfiger” duffel bags next to “Carsonkangaroo” branded wallets under a logo silhouette of a kangaroo not closely resembling the Kangol logo.
I think it is arguable these shipments are not counterfeits – someone (not your author) aware of a high-end luxury brand such as Piaget would not confuse a watch branded “Piguet” with a real Piaget.
If you have had your goods seized by Customs, contact David Hsu anytime by phone/text at 832-896-6288. You can also find me on Line, WeChat, WhatsApp, Telegram by the same phone number – or email me at firstname.lastname@example.org, would be glad to evaluate your case for free.
Earlier this week, U.S. Customs and Border Protection (CBP) inspected a rail container at the Portal Port of Entry and found coolers in violation of intellectual property rights. The seized coolers, if genuine would total approximately $151,149.
Author note – not sure which brand these coolers appear to be trying to counterfeit – I see RTIC and YETI both have these types of coolers – but could not find one that was similar.
If you have any questions about importing and/or exporting, contact us for a no fee consultation – David Hsu by phone/text at 832-896-6288 or by email at email@example.com.
U.S. Customs and Border Protection (CBP) officers in Chicago seized seven shipments containing eyewear worth more than $1.41 million. The glasses were entered duty free claiming country of origin as Israel. However, upon further inspection, CBP officials found the origin markings on the eyeglasses did not match the country of origin on the paperwork.
CBP reports the country of origin on the goods included China, France, Italy and the United States. CBP seized the goods for fraudulently misrepresenting the country of origin and attempting to avoid the payment of duties. CBP seized the goods for violation of 19 USC 1304 and 19 USC 1595a(c).
If you have had your goods seized by customs for suspicion of being counterfeit, contact seizure attorney David Hsu by phone/text at anytime at 832-896-6288 or by email at firstname.lastname@example.org.
In late June, U.S. Customs and Border Protection (CBP) officers Kentucky detained and seized a shipment containing over 300 counterfeit items shipped from Hong Kong.
While the outside packing list indicated the contents were belts, CBP officers instead found watches from “Rolex”, “Cartier” and “Panerai Luminor”. The shipment also contained sandals from Tory Burch, earrings from Chanel, Gucci sandals bracelets, LV scarves, Gucci scarves, Chanel Scares and many more luxury branded goods. CBP indicated the shipment contained over $371,365 worth of goods – if authentic.
Author’s note: in general, CBP will detain goods suspected of being counterfeit and then send images or samples of the goods to the trademark holder. If the trademark holder tells Customs the goods are not authentic – CBP will seize them and issue the importer of record a seizure notice.
Also – in addition to seizing the goods for being counterfeit, CBP can also seize any goods that are included in the shipment, but not properly declared or mis-declared on the packing list and entry paperwork.
In general – it is easy to run into Customs problems – before you import, or before you export, contact David Hsu by phone/text anytime at 832-896-6288 or by email at email@example.com for a free consultation.
U.S. Customs and Border Protection (CBP) officers in New York’s JFK International Airport seized two shipments containing 144 rings with a combined MSRP of over $216,000 (if authentic). According to the CBP media release, no arrests were made.
Author’s note – sometimes CBP will refer a seizure for criminal prosecution and sometimes they will not. Many seizures will result in a civil penalty issued against the “Importer of Record” (IOR). The IOR may receive a letter from CBP months, or even years after an import has been seized. The civil penalty is something that must be addressed and cannot be ignored.
If you have received a civil penalty in the mail, contact trade attorney David Hsu by phone/text anytime at 832-896-6288 or by email at firstname.lastname@example.org.
Earlier this past July, U.S. Customs and Border Protection (CBP) officers at one of our great nation’s biggest seaport of Los Angeles / Long Beach seized a large shipment of women’s sleepwear containing counterfeit brands such as Gucci, Facebook and Instagram.
2020 is a weird year indeed when we consider Facebook and Instagram to be a luxury brand. If authentic the 16,340 items of seized counterfeit pajamas (called “sleeping dresses”) would be worth an approximate retail value of $5.5 million.
CBP reported the counterfeit goods were concealed inside generic non-branded pajamas which CBP believes was intentionally packaged to avoid detection.
Author’s note – yes, in general if you pack counterfeit goods underneath unbranded goods, or try to conceal a counterfeit logo (such as using black tape to cover a logo), CBP will assume you are aware of the nature of the goods and are attempting to smuggle them into the US in violation of 19 USC 1595a (c)(1)(A), in other words merchandise that “is stolen, smuggled, or clandestinely imported or introduced“.
In addition to violating intellectual property rights of the trademark holder, CBP also claims counterfeit goods may not be in compliance with the U.S. Consumer Product Safety Commission (CPSC) requirements for flammability standards of sleepwear.
If you have had your shipment seized for alleged counterfeit violations or seized for alleged violations of CPSC consumer guidelines – contact seizure attorney David Hsu by phone/text at 832-896-6288 or by email at email@example.com.
According to a U.S. Customs and Border Protection (CBP) media release, CBP officers at the Chicago Express Consignment facility seized 450 Apple iPhone cases from Hong Kong. Officers opened the shipment labeled “mobile phone shell” and found the cases for the 11 Pro, 11 Pro Max and the 8 Plus phone models.
CBP officers determined the cases were counterfeit based off bad quality design, materials, packaging and printing. Based off the image attached to this media release, I believe the cases are counterfeits of the Apple OEM cases sold through the website.
If authentic, the value of the cases would retail for about $17,550. If you have had your DHL/UPS/FedEx shipment seized by CBP for alleged counterfeit violations – contact seizure attorney David Hsu 24/7 by phone at 832-896-6288 or by email at firstname.lastname@example.org.
In early June, U.S. Customs and Border Protection (CBP) officers in Kentucky seized a shipment of counterfeit luxury footwear from Turkey headed for a home in Georgia.
The seizure consisted of two shipments of counterfeit Louis Vuitton sandals carrying an MSRP of $276,540 if authentic.
CBP claims the purchase of counterfeit goods supports criminal activity while robbing businesses of revenue. The early June seizure of sandals is only a small portion of the reported $4.3 million worth of counterfeit products seized daily last year, as reported by CBP.
If you have had your goods seized by Customs, you do have to act fact – certain time lines are in effect from the day Customs issues the seizure notice.
Contact trade attorney David Hsu by phone/text at 832-896-6288 or by email at email@example.com anytime for immediate help.
U.S. Customs and Border Protection (CBP) officers at the Houston seaport seized over 2,000 solar panels from Turkey violating intellectual property rights. If authentic, the value of the solar panels would total over $658,125.
This is the fourth importation of counterfeit solar panels – with counterfeit panels entering Houston as early as February. CBP later verified with the trademark owner that confirmed the panels were counterfeit.
If you have had your solar panels seized, contact seizure attorney David Hsu by phone/text anytime at 832-896-6288 or by email firstname.lastname@example.org.