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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.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.