Trademarks and Brands

Marc P. Misthal, Guest Blogger

Marc P. Misthal is a principal at Gottlieb, Rackman & Reisman where he focuses on all areas of trademark and copyright litigation and prosecution, including anti-counterfeiting, and has extensive familiarity with domain name and Internet issues.



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Buying Counterfeit Goods Online May Preclude You From Trusted Traveler Programs

by Marc P. Misthal, Guest Blogger on Wednesday, 21 February, 2018

Clients facing problems with online counterfeiting often ask us what they can do to stop the sale of the low-cost counterfeits. One thing we frequently recommend is that trademark or copyright rights, as appropriate, be recorded with US Customs and Border Protection (CBP). Once rights are recorded with CBP, it will monitor shipments entering the country and seize counterfeit goods. CBP cannot monitor every shipment coming into the United States, but it can and does seize counterfeits, preventing the products from ever reaching their recipient. 

Once CBP seizes product, it sends a notice to the rights owner with the particulars of the seizure (typically the notice identifies the name of the exporter, the name of the importer, the rights involved, the number of units involved and the port at which the seizure was made). After that it is up to the rights owner to take further action. 

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Topics: counterfeits


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