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Trademark Letter Rulings from Customs Service Are Expeditious, But Under-Used Tool
[Editor's Note: The challenging impact of digital piracy on entertainment industry revenues has dominated industry headlines. But intellectual property infringement from the illegal sale of physical products is still a major concern. The following article takes a general intellectual-property approach to trademark infringement from the perspectives of both trademark holders and product importers, while providing much useful, technical information for entertainment industry professionals.]
United States Customs and Border Protection (CBP), part of the Department of Homeland Security, offers interested parties the right to request letter rulings ' advisory opinions about contemplated imports. CBP procedures provide trademark owners an avenue to obtain quick decisions that are “binding on all Customs Service personnel,” 19 C.F.R. '177.9(a), and that address concrete, forward-looking problems related to specific infringing or counterfeit imported products. While a CBP letter ruling does not provide for damages for breach, it is in many ways similar in effect to a ruling from the International Trade Commission (ITC), and can be obtained at a fraction of the price and in much less time. CBP letter rulings are an inexpensive, powerful, and somewhat underused weapon in the arsenal of trademark owners.
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