CBP seizes fake perfume valued over $31 million.

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In the past few months, U.S. Customs and Border Protection (CBP) officers and import specialists in the seaport at Los Angeles have seized over 475,000 bottles of imported perfume bearing counterfeit trademarks. While the cost of the counterfeit perfumes may be low, if genuine, CBP estimates the MSRP of the seized perfumes to retail over $31 million.

CBP’s fiscal year starts October 1, 2017 and since then, CBP officials in Los Angeles have seized 11 shipments with suspected counterfeit marks along with confusingly similar fragrances. As you are aware, CBP enforces the trademarks for companies registered with CBP. The seizues included violations of trademarks belonging to over 34 perfume brands.

According to the CBP news release, the “counterfeit brands included Giorgio Armani, Burberry, Calvin Klein, Chanel, Coach, Dior, Dolce & Gabbana, Gucci, Guess, Hugo Boss, Lacoste, Michael Kors, Ralph Lauren, Versace, Victoria Secret, and Perry Ellis among others.”

As a general rule, if you purchase perfume at prices “too good to be true”, it is likely the item is counterfeit. The news release indicates the counterfeit perfumes were packaged in boxes and colors resembling the genuine items with fake country of origin markings (“Made in France”) even though the port of origin was China.

CBP is especially vigilent in seizing suspected counterfeit perfumes as these items are placed on the skin and absorbed by the body – counterfeit perfumes may be composed of chemicals harmful to the body and may be made and sold without any product testing.

In FY 2016, CBP seized over $1.4 billion worth of counterfeit goods – if you have had your imports seized and want to speak to an experienced attorney, call David Hsu at 832-896-6288 or email at dhsu@givensjohnston.com for immediate assistance.

Importing Refurbished Cell Phones and Customs Seizures.

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Today’s blog post is in response to our firm seeing an increase in the number of importers having their Samsung or Apple phones seized by Customs.

Typically, our client is a company in the United States that purchases used Apple iPhones or Samsung Galaxy phones from the US. The used phones vary anywhere from A to C stock and may have broken screens, defective home buttons, scratched, dented or damaged housing or cracked camera lens. Some phones are store demos with burn-in on the screens, customer returns or old, new stock. The phones are packaged and then sent to China for repair and refurbishing. The fixed phones are then sent back to the US for sale through wholesalers and distributors.

However, as the phones are shipped back to the company in the US, U.S. Customs and Border Protection (CBP) detains shipments to review whether or not the cell phones violate any intellectual property rights (IPR).

CBP will first detain the phones and has 30-days to speak to the trademark or IPR holder to determine the authenticity of the trademark or IPR. The trademark could be the “Samsung” logo, the “Apple” logo or even the “iPhone” trademark printed in text on the back of the phones. More often than not, the shipped phones change from being “detained” to being “seized”.

The majority of the seizures are due to trademarks found on the rear housing of the phones. As most importers cannot provide authorization by the trademark or IPR holder the right to use the mark, CBP considers the importer phones to be counterfeit and are then subsequently seized.

If you have had your refurbished iPhone or Samsung phone seized by Customs, call experienced cell phone seizure attorney David Hsu at 832.896.6288 or by email at dhsu@givensjohnston.com. There are certain time limitations after a seizure has occurred so contact David Hsu today.

Baltimore CBP Seizes $1 Million in Counterfeit Stainless Steel Sinks.

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On Wednesday, January 17th, U.S. Customs and Border Protection (CBP) in Baltimore seized over 2,900 stainless sinks for displaying a counterfeit UPC shield design on the 17th.

CBP initially detained the shipment for anti-dumping and countervailing duties enforcement and during their examination found the UPC shield logo. In addition to looking for shipments subject to ADD/CVD duties, CBP also enforces the intellectual property rights of trademark holders, among others.

CBP and Intellectual Property Rights (IPR) specialists sent the UPC shield logo to the registered trademark holder, the International Association of Plumbing and Mechanical Officials, the registered trademark holder, who determined the use of the logo to be unauthorized.

As the marks were unauthorized, CBP seized the entire shipment for containing markings without trademark holder’s authorization (19 CFR 133.21).

The full release can be found here: https://www.cbp.gov/newsroom/local-media-release/baltimore-cbp-seizes-1m-counterfeit-stainless-steel-sinks

If you or anyone you know has had any property seized by customs for suspected intellectual property rights violations, please contact your trade and customs law attorney, David Hsu at 832.896.6288 or dhsu@givensjohnston.com.