Maryland Intellectual Property Law Blog : Maryland Intellectual Property Lawyer & Attorney : Brian Wm. Higgins : Serving Baltimore, Columbia, Frederick

     The White House's Office of the U.S. Intellectual Property Enforcement Coordinator, led by Victoria Espinel, better known as the government's "IP Czar," marked her first year anniversary on the job by reporting the seizure by the government of 82 websites allegedly selling counterfeit goods.  

     Said U.S. Immigration and Customs Enforcement Director John Morton, whose National Intellectual Property Rights (IPR) Coordination Center worked with the Department of Justice (DOJ) in making the seizures, “The sale of counterfeit U.S. brands on the Internet steals the creative work of others, costs Health and Safety our economy jobs and revenue and can threaten the health and safety of American consumers. The protection of intellectual property is a top priority for [Homeland Security] and the [IPR Center].” 

     IPR and IPEC want the public's help.  With a click of a "Report IP Theft" button, left, "members of the general public, industry, trade associations, law enforcement and government agencies" may (anonymously, if they wish) report violations of intellectual property rights.

     Intellectual Property-related prosecutions by DOJ are listed in its cybercrimes new releases ; more complete case descriptions may be found here.

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     The Port of Baltimore is the destination for approximately 40 million tons of bulk and container cargo each year, making the Port one of the busiest in the nation. Its popularity is the result of geography: two-thirds of the U.S. population lives within an overnight drive of Baltimore. With all that cargo coming into Baltimore, the Port is an obvious entry point for counterfeit goods that infringe federally-registered U.S. trademarks.

     The Department of Homeland Security plays a role in preventing infringing goods from entering U.S. markets by enforcing “parallel imports” regulations. According to Customs Directive No. 2310-008A, it is the policy of the U.S. Customs and Border Protection (part of DHS) to exclude from entry into the U.S., detain, and/or seize, violative trademarked goods. Under its intellectual property rights (IPR) enforcement regime, CBP may detain goods at ports where there is a “reasonable suspicion” that the goods bear marks which violate a federally registered trademark. The detaining Customs officers are tasked with assessing whether marks are counterfeit or confusingly similar to U.S. registered marks, making them the first line defenders against infringement originating at the borders. See Addressing Parallel Imports Goods Under U.S. Laws for more information about this subject (used by permission).

Notes:

• Thanks to Dave Weslow, co-author of the linked article, for the idea for this post

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