Articles

Ninth Circuit Clarifies Scope of Civil Penalty Provisions for Importation of Counterfeit Products

IP Litigator
January February 2009

Sommers, Mark , Kilaru, Naresh

Article

This article, by Finnegan attorneys Mark Sommers and Naresh Kilaru, addresses a recent case in which the U.S. Court of Appeals for the Ninth Circuit ruled on whether the U.S. Customs Service can impose civil penalties on counterfeit goods not covered by the trademark owner’s registration or made by the trademark owner itself. Sommers and Kilaru conclude that the Ninth Circuit’s decision makes clear the Customs Service’s broad enforcement authority, and note that without such broad powers, Customs’ attempts to regulate the entrance of counterfeit goods into the U.S. would be significantly hindered.