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 Kentucky seized four packages containing more than 200 counterfeit designer bags. After the bags were first detained, Customs sent samples of the bags to import specialists who determined the bags were counterfeit.
According to Customs, 204 “Louis Vuitton” bags were seized and if real, the value of the bags would have been around $583,440. Interested thing about this seizure was the origin of these goods – Dubai, UAE instead of the usual Hong Kong or Shenzhen, China.
If you have had your goods seized and you received a seizure notice – contact David Hsu by phone/text at 832-896-6288 to discuss your options. Or email firstname.lastname@example.org.
Another day, another seizure by U.S. Customs and Border Protection (CBP) officers in LAX. The counterfeit shoes were from Hong Kong and labeled as “plastic ornaments”. Upon further examination, CBP officers found and seized 1,755 pairs of shoes with the Nike and Adidas branding.
Customs then worked with import specialists at the Apparel, Footwear & Textiles Center of Excellence and Expertise (Apparel Center) to verify authenticity. As 100% of the time that occurs – the shoes were determined to be counterfeit and seized by Customs. CBP valued the seizure, if authentic, at $207,000.
If you have had your good seized by Customs, contact seizure attorney 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 Ohio seized 54 counterfeit watches from two packages shipped from China – and according to CBP, if authentic would total over $1.9 million.
According to Customs, the fake watches were replicas of luxury brands such as: Audemar Piguet, Rolex, Cartier, and Gucci. The watches were manifested as “timers and “watch” with a declared value of $33 and $200.
Author’s note – usually Customs will detain suspected counterfeit goods and then verify the authenticity of the watches. Authenticity usually occurs by sending photos or samples to the property rights holder. 100% of the time the property rights holder will say the goods are counterfeit. During this period of time, there is nothing for the importer to do, except wait to receive notice the goods will be seized. A “Notice of Seizure” will be sent to the address where the watches were to be sent – after you receive a Notice of Seizure, be sure to mark the date of the letter. You will have 30 days to respond to a seizure notice.
If you have received a seizure notice and want to discuss your options – call David Hsu by phone/text 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.
CBP officers in Birmmingham seized 500 unregistered non-contact and infrared thermometers with country of origin as Malaysia or China. If genuine articles, the value of the shipment would have totaled $21,400.
The thermometers did contain the Food and Drug Administration (FDA) markings on the packaging and the devices, but the shipment was still seized as the shipping company was not registered with the FDA when the thermometers were imported. The registration of the shipping company is required as part of the pre-market notification process under section 510(k) of the Food, Drug and Cosmetic Act.
According to CBP, so far this year they have seized 107,000 illegal COVID-19 test kits, 11,000 doses of chloroquine and more than 750,000 counterfeit masks. Given the current increase in COVID-19 hospitalizations, CBP will likely be seizing more thermometers, face masks and chloroquine in the near future.
If you have had your goods seized by Customs, contact seizure attorney David Hsu to discuss your options anytime by mobile phone at 832-896-6288 or by email at firstname.lastname@example.org.
U.S. Customs and Border Protection officers in Dallas Fort Worth International Airport seized counterfeit purses, headphones, sunglasses and Yeti collers valued at over $108,000 if authentic. This seized shipment originated from Hong Kong – where 9 out of 10 seizure cases reported by Customs indicate as the source of the counterfeit goods. I believe the tech goods are likely made across the border in Shenzhen and the fashion items are also made cheaply across the border in Guangzhou.
The exact counterfeit items included Tiffany & Company rings, six Louis Vuitton handbags, seven pairs of Chanel and Guicci sunglasses, Beats headphones, seven Apple AirPod Pros and two Yeti coolers.
My guess is the Yeti coolers are made by one of the vendors on Aliexpress that sells same or similar type coolers, not sure why they would risk a seizure by using the Yeti name.
CBP officers intercepted a shipment and after reviewing the information in the shipping documents, selected it for examination. During the examination, officers discovered three Tiffany & Co rings, six Louis Vuitton handbags, seven pairs of Chanel and Gucci sunglasses, Powerbeats Beats by Dre headphones, seven Apple AirPod Pros and two Yeti coolers.
In general, seized goods suspected of being counterfeit will have samples sent to the CBP’s Consumer Products and Mass Merchandising Center of Excellence and Expertise’s import specialists to determine their authenticity. At this CEE, the staff will examine the goods and discuss the items with the trademark owners. After examining the goods, import specialists determined the goods were counterfeit and seized the shipment.
If you receive a Notice of Seizure from Customs, you have 30 days to respond. Contact David Hsu for all your customs seizure needs at 832-896-6288, or by email at email@example.com.
Image of seized goods containing unregistered Bluetooth marks, source: CBP.gov
U.S. Customs and Border Protection (CBP) in Detroit seized electronic goods and licensed merchandise imported from China. The seized goods contained bluetooth marks (unregistered with Bluetooth) on the headphones, smart bands, and various speakers. In addition to the electronic devices, included counterfeit hats bearing copyrighted Star Wars images. If authentic, the value of all goods would retail for about $325,000.
If you have had your goods seized by Customs, contact David Hsu for a no cost consultation on what you need to do to protect yourself – call anytime by phone/text at 832-896-6288 or by email at firstname.lastname@example.org, email@example.com.
Pennsylvania U.S. Customs and Border Protection (CBP) officers didn’t catch them all, but they did catch 86,000 of them. The seized shipment from Hong Kong was described as “plastic furnishing articles” but instead contained counterfeit Pokemon figurines in 15 boxes.
The figurines were seized for violations of violating U.S. intellectual property rights along with being a potential choking hazard. The estimated value of the shipment, if authentic is approximately $603,936. CBP usually tests counterfeit toys for lead levels, but did not do so in this instance.
If your goods have been seized by Customs, contact David Hsu by phone/text for a no cost or obligation consultation at 832-896-6288, or by email at firstname.lastname@example.org.
U.S. Customs and Border Protection Officers at O’Hare’s International Mail Facility seized a package of 35 counterfeit NFL Championship rings from China. The April shipment was held for further inspection due to x-ray images showing inconsistencies. The shipment was declared as ring and valued at $10 each. However, upon opening the packages, CBP officers found 35 counterfeit NFL Championship rings. CBP determined the rings to be counterfeit due to poor quality, poor packaging and low value. The approximate MSRP of the rings, if real, would have been $350,000.
According to the Customs media release:
The parcel contained fake Superbowl rings for the NY Jets (1) and Giants (4), Pittsburgh Steelers (6), San Francisco 49ers (5), Dallas Cowboys (5), Washington Redskins (5), Green Bay Packers (6) and Denver Broncos (3).
If you have had your shipment seized for IPR violations, contact 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 Minneosta’s International Falls Port of Entry inspected a rail container and found 440 televisions that violated intellectual property rights (IPR) regulations. If genuine, the MSRP of the goods would retail for approximately $175,560.
The CBP media release did not specify what IPR violations occurred. Judging by the photo above provided by Customs, I suspect there may be two issues:
(1) The USB logo is used, however, the manufacturer of this TV may not have been qualified to display the certified USB logo.
(2) I think the main reason is the use of the “HDMI” logo on the box. The HDMI logo, and High-Definition Multimedia Interface are trademarks or registered trademarks to HDMI Licensing, LLC.
Based on what’s on the press release, there are several options for the importer of record. If you have had any goods seized by Customs, contact customs seizure attorney David Hsu anytime by phone/text at 832-896-6288 or by email at firstname.lastname@example.org, email@example.com.