ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Administrative Law Blogs -> Customs Law

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Administrative Law

: Customs Law

Trademark Lawyer FOIA Suit

ADVERTISEMENTS
Here is an interesting footnote to my recent post on Customs and Border Protection's enforcement of intellectual property rights.

First, I received an e-mail from some well-respected customs lawyers expressing concerns over Customs' enforcement. The concerns included the timing of infringement decisions and, surprisingly, the fact that Customs' has seized legitimate merchandise bearing registered a trademark on the theory that the registered trademark infringed another registered trademark. That sounds like CBP has stepped into the Patent and Trademark Office's territory.

Another interesting point is this post by Seattle Trademark Lawyer Michael Atkins. According to the post, another Seattle trademark lawyer has filed a suit under the Freedom of Information Act seeking the release of all seizure notices relating to counterfeit merchandise. From the post, it is not clear whether the suit goes so far as to seek records of detentions and Notices to Redeliver. Either way, it is also not clear what has triggered the plaintiff's interest. It is hard to say whether the plaintiff thinks CBP is being too tough or not tough enough, or has some other interest entirely.

Maybe the suit is trying to get identifying information on specific importers. That possibility, by the way, relates directly to the District Court's decision to uphold Customs denial of the request on the grounds that releasing the information would release competitively sensitive information. That triggers exception 4 to the FOIA. Apparently, an appeal has been filed.

Full post as published by Customs Law on November 10, 2009 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0175 secs (new cache)