Stopping Knockoff Goods at the U.S. Border

The U.S. government has taken a number of steps to help stop counterfeit goods from entering the United States, including maintaining the website www.stopfakes.gov, a one-stop source for information on protecting your intellectual property from counterfeit imports.  Stopfakes.gov is a partnership among a number of agencies including the FBI, U.S. Customs and Border Protection, the Department of Justice, Office of the U.S. Trade Representative, and United States Patent and Trademark Office (USPTO).   The website has resources for businesses, including country-specific information about stopping fakes, and resources for reporting counterfeiting activities to federal law enforcement.

One of the best ways to prevent the sale of counterfeit goods is to keep them out of the United States.  Under the federal Lanham Act and the Tariff Act of 1930, the federal government, through the U.S. Customs and Border Protection (USCBP) agency, has the responsibility of protecting trade and enforcing intellectual property rights on behalf of companies.

If you believe counterfeit goods bearing your federally registered trademark are being illegally imported into the United States, there are a few quick and easy ways to alert federal law enforcement.
  1. Record your intellectual property rights with USCBP at http://www.stopfakes.gov/business-tools/us-customs-and-border-protection-e-recordation-tool.  The website allows the submission of an application for online registration of federally registered trademarks and copyrights with the USCBP.  This will typically include submitting descriptions and photographs of your goods, along with samples, or summaries of the content, appearance, and look of your products, such that USCBP will be able to recognize potential fakes.  The application is $190 per trademark per class of goods, or copyright, with a periodic $80 renewal fee.  (Currently, USCBP only provides for the recordation of trademarks and copyrights, not patents.)  As soon as you have filed the application, USCBP will be authorized to detain, seize, notify, and destroy counterfeit versions of goods bearing your trademark, or copyrighted materials.
  2. Authorize a reliable employee, agent, or attorney to serve as the point of communications for the USCBP.  This individual will be the primary point of contact with the USCBP, and should have the skill and availability to definitively identify the counterfeit goods, in person, if necessary.  This agent will receive all notices from USCBP, and should be able to respond quickly, investigate the seized goods, and notify the agency with certainty about the legitimacy of the goods.
If you have questions about importing, counterfeit concerns, or would like more information on customized services to monitor and protect your company’s intellectual property, you need an attorney who understands your needs and can help you protect your rights. Anna Vradenburgh is a well-respected, business-minded attorney with expertise in trademark issues and is able to advise your company on these types of intellectual property matters.  For more information, visit the Eclipse Law Group website, or contact Anna at (818)488-8146.  This newsletter is for educational purposes only and nothing in this newsletter is intended to be, or should be considered to be, legal advice.

Attorney Anna M. Vradenburgh counsels and represents clients facing trademark, copyright, patent and other intellectual property issues, providing expert advice regarding intellectual property protection, exploitation and rights enforcement.

Ms. Vradenburgh can be contacted at :

The Eclipse Group

6345 Balboa Blvd, Suite 325,

Encino, California 91316

(818) 488-8146

www.EclipseGrp.com

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