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.
According to a U.S. Customs and Border Protection (CBP) media release. Officers at the Port of Milwaukee seized a slot machine jamming device from Hong Kong. Slot machine jamming devices are prohibited by the Federal Communication Commission (FCC).
The FCC prohibits EMP devices because they emit a pulse that disrupts the machine’s electronics when within a meter range. The main reason the EMP devices are banned because the interfere with radio communications, mobile phones, and other communication devices.”
If you have had your shipment seized by Customs, contact David Hsu by phone/text at 832-896-6288 or email at firstname.lastname@example.org for immediate assistance about your options.
According to a U.S. Customs and Border Protection (CBP) media release, officers in Philadelphia seized counterfeit Chinese vehicle parts in June consisting of door locks, hinges, powered mirrors, steering wheel switches, headlights and taillights, grills, rear bumpers, and paint kits. As the goods from China were branded with “Mercedes-Benz”, CBP officers suspected the goods may have been counterfeit. CBP Officers confirmed with the trademark holder and seized the goods for being counterfeit. The estimated retail value of the goods, if authentic totals $295,052.
If your shipment of goods from China has been detained or seized for suspicion of being counterfeit, contact David Hsu by phone/text at 832-896-6288 or by email at email@example.com 24/7 for immediate assistance.
According to a U.S. Customs and Border Protection (CBP) media release, CBP officers at the Larredo, Texas Juarez-Lincoln Bridge seized $91,000 in unreported currency from a 30-year old male US citizen headed to Mexico.
When the male driver’s 2017 Chevrolet Equinox was referred to secondary inspection, CBP found $91,116 in undeclared US currency. This press release indicates CBP turned the case over to U.S. Immigration and Customs Enforcement-Homeland Security Investigations (ICE-HSI) special agents for further investigation.
In general, if your currency case is referred from CBP to Homeland Security, they believe the source of the funds may be from illegal activity and you will need to prepare a very strong seizure petition if you want your currency returned (minus a remission fee).
If you have had your hard-earned currency seized, contact David Hsu for immediate assistance at 832-896-6288 by phone or text. You can also email anytime at firstname.lastname@example.org.
According to a U.S. Customs and Border Protection (CBP) media release, CBP working in Houston in late January seized counterfeit electronics – including Apple’s “AirPods” worth more than $1.6 million dollars of MSRP value. According to the media release – the importer of record abandoned the merchandise, meaning CBP will destroy the goods.
Do you have to abandon your goods if they have been seized for intellectual property rights violations? No, you do not – the other alternative is to petition for the release of the goods if you know they are authentic. While a petition does not guarantee a return of your goods, it gives you the opportunity to present your information and argue why the goods are authentic to CBP.
The remainder of the media release reiterated CBP’s arguments against counterfeit goods – (1) may be produced from forced labor, (2) economic harm to the trademark holder, (3) unsafe products that may cause injuries to the consumer.
If you or anyone you know has had your shipment seized for alleged intellectual property or trademark violations – contact David Hsu by phone/text at 832-896-6288 or by email at email@example.com
I receive at least one call a week from importers who have had their goods seized by Customs for trademark violations, and one very common seizure is for “Samsung” batteries (or any other brand name) contained within toys such as hoverboards or RC vehicles.
As you are aware, Customs and Border Protection (CBP) is the hall monitor of the multiple government agencies and CBP is tasked with the enforcement of all rules and regulations established by the various agencies – for example, CBP enforces trademarks, enforces FDA import alerts, enforces US Fish and Wildlife restrictions on shark fins and all of the tens of thousands of rules from every agency.
In regards to trademarks, CBP must enforce trademarks if the intellectual property holder registered the trademark with Customs. Unfortunately for importers, Samsung has registered many trademarks and anything found to contain the “Samsung” trademark is easy picking for Customs to detain.
Typically, CBP has the ability to detain goods for 5 days – and longer if the detention is because the goods are suspected of violating intellectual property rights.
Once CBP detains a shipment – they notify the importer of record (IOR) or customs broker the shipment has been detained and will be released pending proof the IOR has authorization from the trademark holder to import the trademarked goods.
Unfortunately, 10 out of 10 times the trademark holder will respond to Customs the IOR does not have authority to import the trademarked good. Once that happens, CBP will officially seize the goods and issue a Notice of Seizure to the IOR by certified mail, return receipt requested.
The importer of record then has 30 days to respond to the seizure. According to the Election of Proceedings form on the last page of the seizure notice, there are 4 options – (1) file a petition, (2) forfeit the goods, (3) refer to court action or offer in compromise.
Going back to the original question – who is at fault for the seizure, the manufacturer that used “Samsung” batteries or the importer of record? And as you can guess from the above – CBP will ultimately find the Importer of Record responsible for trademark violations. While this answer seems unfair, it makes sense as CBP has no authority outside of the United States and no mechanism to go after the manufacturer. The only party CBP can find liable is the importer of record.
If you have had your good seized for any reason – contact seizure attorney David Hsu by phone/text at 832-896-6288 or by email at firstname.lastname@example.org.
According to a U.S. Customs and Border Protection (CBP) media release, CBP officers in Louisville seized five shipments containing counterfeit goods, if authentic would be worth more than $1.1 million.
On that day, CBP seized multiple shipments, with 5 separate shipments containing: 30 “Louis Vuitton” toes, 4 “Dior” handbags, 2 “Gucci” handbags, 200 “YSL” purses and another 366 “LV” bags. The last shipment contained a box with Louis Vuitton wallets.
When Customs detains goods for suspicion of counterfeit goods, CBP will submit photos or send samples to the trademark or other intellectual property rights holder. Almost 100% of the time the trademark holder will notify Customs the importer of record does not have a right to import the covered goods. If so, then Customs will seize the goods and send a “Notice of Sezizure” to the importer of record.
If you have had your goods seized by Customs, call David Hsu or text anytime at 832-896-6288 or email email@example.com.
U.S. Customs and Border Protection Officers in Chicago inspected and seized seven boxes from Hong Kong containing 423 smart watches and 200 earphones. With suspected intellectual property seizures, CBP will send photos or samples of the items to the Electronics Center of Excellence and Expertise (Electronics CEE). The CEE will then verify with the property rights holder if the importer was authorized to use the word mark. 100% of the time the property rights holder will reply the importer of record is not authorized to import the goods and the entire shipment will be seized.
In addition to registering the “Apple”, “iPhone” with Customs, companies can also protect the shape, design, form and function of the items. For example, the photo above shows the same shape and design of an Apple Watch. CBP estimates the value of the shipment, if authentic would be approximately $204,168.
What happens after a seizure? If you are an importer, after a seizure, CBP will send you a “Notice of Seizure”. You will then have 30 days to respond to the Notice of Seizure, if you do not – then Customs will begin forfeiture of your goods.
Contact David Hsu by phone/text at 832-896-6288 or by email at firstname.lastname@example.org if you have received a seizure notice to discuss your options.
In late July, U.S. Customs and Border Protection (CBP) in Minnesota inspected a rail container for Seattle and seized 15,015 fireplaces for violating intellectual property rights (IPR). CBP estimates the value of the seizure of $523,784 if the fireplaces were genuine.
CBP did not specify which brand of fireplaces were copied and the image supplied by CBP (above) does not specify the name brand.
If you have had your goods seized by CBP, there may be some options available – contact David Hsu by phone/text anytime 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.
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.