2310-010A Detention and Seizure Authority for Copyright and Trademark Violations

Published CBP guidance; operative status and applicability must be assessed from the retained publisher edition.

CUSTOMS DIRECTIVE
ORIGINATING OFFICE: OR&R DISTRIBUTION: S-01
CUSTOMS DIRECTIVE NO. 2310-010A
DATE: DECEMBER 11, 2000
SUPERSEDES: 2310-010 Feb 27,1991
REVIEW DATE: DECEMBER 2002
SUBJECT: DETENTION AND SEIZURE AUTHORITY FOR COPYRIGHT AND
TRADEMARK VIOLATIONS
1. PURPOSE. To outline the detention and seizure authorities to be cited when
processing cases involving copyright and trademark violations. The attached outline
provides an up-to-date, comprehensive list of authorities for the most common
copyright and trademark infringements. It does not address patent matters, which are
covered by Customs Directive No. 2310-009A dated December 9, 1999.
2. BACKGROUND. The attached outline provides a useful reference guide for
identifying the appropriate seizure authority in most copyright and trademark situations.
Generally, when detaining or seizing goods for copyright or trademark violations,
selecting the most appropriate seizure authority to cite will depend upon:
2.1 The type of intellectual property right infringed;
2.2 Whether the right is federally registered;
2.3 Whether the right is recorded with Customs; and
2.4 The type of infringement that is alleged.
2.5 Customs has produced separate Directives covering "Trademark and
Tradename Protection" and "Copyright Protection." When using the attached chart,
Customs officers should refer to said Directives for additional guidance. In cases where
the Directives do not appear to provide adequate guidance in a particular area,
Customs officers may contact the Office of Regulations & Rulings (OR&R) IPR Branch,
at (202) 927-2330, fax (202) 927-1875. Customs officers should carefully cite all
applicable regulatory authority, in addition to all applicable statutory authority, in work
documents associated with a given case. In addition, please note that some statutes,
such as 19 U.S.C. §1595a(c) (importations contrary to law), require citation to a
companion statute establishing an underlying violation.
3. REFERENCES. Customs Directive No. 2310-008A dated April 7, 2000;
"Trademark and Tradename Protection," and Customs Directive No. 2310-005A dated
April 7, 2000; "Copyright Protection."

4. ACTION. Retain the attached outline as a reference for citation of seizure
authority in copyright and trademark cases.
5. RESPONSIBILITIES. Area/Port directors are responsible for ensuring that their
managers and supervisors disseminate this information to personnel who draft seizure
notices and other seizure related documents.
6. The statements made herein are not intended to create or confer any rights,
privileges or benefits for any private person, but are intended merely for i nternal
guidance.
Commissioner of Customs
Attachment

ATTACHMENT
SEIZURE AUTHORITIES FOR COPYRIGHT & TRADEMARK VIOLATIONS
Office of Regulations & Rulings, Intellectual Property Rights Branch, (202) 927-2330
TYPE OF IPR REGULATORY CITATION STATUTORY CITATION
TYPE OF VIOLATON
Copyright (Substantial similarity between protected work and imported work required)
Recorded with Customs:
Clearly Piratical 19 CFR §133.42
Possibly Piratical Detain under 19 CFR §133.43
Not Recorded with Customs:
Clearly Piratical No regulation
Possibly Piratical No regulation
Seize under 19 U.S.C. § 1595a(c)(2)(C) for a

v iolation of 17 U.S.C. § 602

Release (if ruled non-infringing) or

seize under 19 U.S.C. § 1595a(c)(2)(C) for a

violation of 17 U.S.C.§ 602

(if ruled infringing)

Seize under 19 U.S.C.§ 1595a(c)(2)(C)

for violation of 17 U.S.C. § 501 in civil

cases (17 U.S.C. §§ 506 & 509 in criminal

cases)

Do not seize (Customs Policy)

Trademark (Likelihood of confusion as to source or sponsorship required in all instances)
Recorded with Customs:
Counterfeit (identical or
substantially indistinguishable
mark)
Confusingly similar
(not identical or substantially
indistinguishable, but still likely
to confuse) and special cases
(certain replicas, models,
toy cars, and other
limited cases)
Protected Gray Market
Not Recorded with Customs:
Counterfeit (identical or
substantially indistinguishable
mark)
Confusingly similar
(not identical or substantially
indistinguishable but still likely
to confuse) and special cases
19 CFR § 133.21
Detain under 19 CFR §133.25; if no
release obtained in 30-day detention
period, seize pursuant to statutory
citation (as directed by 19 CFR §
133.22(f)).
Detain under 19 CFR §133.25; if no
release obtained in 30-day detention
period, seize pursuant to statutory
citation (as directed by 19 CFR §
133.22(f)).
No regulation
No regulation
Seize under 19 U.S.C. § 1526(e)
Seize under 19 U.S.C. § 1595a(c)(2)(C)
for violation of 15 U.S.C. § 1124
Seize under 19 U.S.C. § 1526(b)
Seize under 19 U.S.C. § 1595a(c)(2)(C)
for violation of 18 U.S.C. § 2320
(requires intent)
Do not seize (Customs policy)
No seizure authority
(certain replicas, models, toy cars,
and other limited cases)
Protected Gray Market No regulation