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Re: [OM] Recovering blacked out "Olympus"?

Subject: Re: [OM] Recovering blacked out "Olympus"?
From: Ed Senior <newshawk@xxxxxxxxxxxxxxxxxxx>
Date: Tue, 26 Mar 2002 00:54:39 -0500
Here is a quote from the "Mr. Trademark" web site (http://www.mrtrademark.com/customsprotect.html) in reference to trademark infringement:

What Exactly Will Happen if Customs Finds an Infringer ?
Should Customs find an instance of another person or company importing goods which infringe upon a Protected Patent, Copyright or Trademark (Servicemark), such goods can be detained for up to 30 days initially and notice that the articles are subject to restrictions (of the Protection) will be given in writing.

The rightful trademark owner is also notified in the case of a seizure, in writing, with a description and quantity of the goods involved. The trademark owner then has 30 days to respond to Customs to a variety of options for the disposition of the goods.

After the initial 30 days, if the importer has not successfully obtained a release of the detained articles, the goods shall be seized and forfeiture proceedings instituted. The importer will again be notified of such action in writing, in order that they may seek relief through the courts.

In order for an importer to gain a release of the detained articles one of the following circumstances must generally be true:

   * Goods must be destroyed under Customs supervision
   * Protected mark is removed or obliterated from goods under Customs
     supervision
   * Goods may be re-exported (in some situations)

In the event of a seizure of infringing copyright goods, the US Attorney will also be notified for possible criminal prosecution under the "Piracy and Counterfeiting Amendments Act of 1982".

Hope this helps.

Ed Senior


C.H.Ling wrote:

Just simply back out the brand name and the customs will be unable to
recognize?
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