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Gray Market Imports and Other Trademarked Goods

customs-cbp · CBP · Rule · Published 1999-02-24 · Effective 1999-03-26 · 64 FR 9058

Document

Document number
99-4531
Federal Register citation
64 FR 9058
CFR reference
19 CFR 133
Type
Rule
Action
Final rule.
Category
customs-cbp
Sub-agency
CBP
Publication date
1999-02-24
Effective date
1999-03-26
Treasury docket
T.D. 99-21

Abstract

This document amends the Customs Regulations in light of Lever Bros. Co. v. United States (D.C. Cir. 1993). In line with that decision, the rule will, upon application by the U.S. trademark owner, restrict importation of certain gray market articles that bear genuine trademarks identical to or substantially indistinguishable from those appearing on articles authorized by the U.S. trademark owner for importation or sale in the U.S., and that thereby create a likelihood of consumer confusion, in circumstances where the gray market articles and those bearing the authorized U.S. trademark are physically and materially different. These restrictions apply notwithstanding that the U.S. and foreign trademark owners are the same, are parent and subsidiary companies, or are otherwise subject to common ownership or control. The restrictions are not applicable if the otherwise restricted articles are labeled in accordance with a prescribed standard under the rule that eliminates consumer confusion. In addition, the Customs Regulations are reorganized, with respect to importations bearing recorded trademarks or trade names, in order to clarify Customs enforcement of trademark rights as they relate to products bearing counterfeit, copying, or simulating marks and trade names, and to clarify Customs enforcement against gray market goods.

Source

Authoritative
Federal Register document
Machine
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