Legal & Ethical Scenarios: scenario 2- International Law A counterfeit of a mark is registered on the principal register in the United States Patent and the Trademark office. This is still in use as a crime, and the penalty can be imposed on the counterfeiter. However, the mark "Lauren" is registered in the trademark owned by Ralph Lauren, but this is not in use currently as Ralph Lauren does not make and sell watches that is happening currently. So, this is not a crime and unlawful and thus Reliable Time Inc cannot be penalized. The Tariff Act was argued by the government that does not require the owner of the registered mark to make the same type of goods as those bearing the offending mark. The requirement is commonplace in many related trademark statues but maintains that the Congress did not intend to include such a requirement known as an "identity of goods or services" requirement in the Tariff Act. But the Tariff Act does not contain an identity of goods or services. Customs were imposed on a civil penalty pursuant to an importer of merchandise bearing the counterfeit mark. Though the owner of the registered mark does not manufacture or sell the same type of merchandise. The Tariff Act authorizes seizure and forfeiture of the merchandise that was bears as a counterfeit mark. A counterfeit is a surprise mark which is identical with or indistinguishable from a registered mark. The Tariff Act is incorporated from the second statue the requirement that the offending merchandise that is to copy or simulate a registered trademark. This is the amount required for the offending merchandise that is likely to cause confusion. The CBP will continue to work closely with trademark holders and their consumer safety partners to seizure counterfeit and standard merchandise that pose potential threats. The CBP is immediately the case of the United States Attorney for court action that file a claim and cost bond that is requesting. The CBP can be detain with any shipment that is being imported into the United States. This imported file requires documentation at the port of entry describing the products and declaring the shipment value. The discrepancy in the documentation or suspicion of the goods
bearing the counterfeit mark. CBP has 5 business days to notify the importing of their actions. The CBP targets and seizes the imports of counterfeit and pirated goods and enforces the exclusion orders on patent-infringing. The district court will consider whether the other requirements of the Tariff Act have been met. This Act prohibits the importation of merchandise bearing a registered trademark without permission of the owner of the trademark. Customs and Border Pro (CBP) seized the watches pursuant to the Tariff Act that authorizes seizure of any merchandise bearing a counterfeit mark. Ralph Lauren did not make or sell watches at the time of the seizure. The U.S. Customs and Border Protection (CBP) seized $1600 in counterfeit of the Ralph Lauren shirts on July 14 that have arrived early in air cargo at the Washington Dulles International Airport. The CBP was detained in collard Polo shirts and learned that the consignee did not have authority to import the shirts. The trademark holder was notified by the CBP that the 159 Polo shirts were counterfeit. References:
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