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Insights

Intellectual property

Trademarks and copyrights at the border, CBP recordation, Section 337.

  • Trademark Now – or Turmoil Later

    Neil B. Mooney

    While running your business, you have a million things to think about. Customers, employees, taxes, transactions – the list is endless. But what about protecting the company’s very identity, goodwill, and brand? A company’s name and…

  • Shedding Light on the Gray Market

    Neil B. Mooney

    Counterfeit goods and other methods of product reproduction that infringe upon the intellectual property of the owner are strictly illegal, and heavily regulated, especially within the US. The gray, or “grey”, market however, enjoys…

  • Dealing With Patent Trolls

    Neil B. Mooney

    Freight forwarders, Customs brokers, and carriers always provide shipment tracking to their customers. There are a variety of ways to do this; they may use their own software to track shipments, or they may track shipments by linking to…

  • New Customs Regulations Regarding Trademark Disclosure

    Neil B. Mooney

    On September 18, 2015, US Customs and Border Protection (CBP) published a final rule regarding the disclosure of information on goods suspected of bearing counterfeit trademarks or trade names. This new rule allows Customs to share more…

  • Customs Seizure of Goods In-Transit – Part Two: Interpretation of Importation

    Neil B. Mooney

    In our previous blog (see below), we concluded that whether Customs has the authority to seize in-transit goods depends on the statutory interpretation of “import,” “importation” or “imported.” First, let us look at precedents. Courts…

  • Customs Seizure of Goods In-Transit – Part One: Authority 19 USC 1526

    Neil B. Mooney

    Customs often seizes goods bearing allegedly counterfeit marks which were shipped from a foreign country through the United States with a third country as the final destination. The seizure notice always cites 19 USC 1526(e)[1].…

  • Protecting Your U.S. Trademark Overseas

    Neil B. Mooney

    In addition to 84 other countries, the United States is a party to the two treaties comprising the Madrid System for international registration of trademarks. This system provides trademark owners a cost-effective, efficient way to…

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