Intellectual Property Protection and Enforcement Manual - Ipr-policy.eu

ownership expires in less than 20 years, recordation will remain in effect until the ownership expires.
If the ownership has not expired after 20 years, recordation can be renewed.
Once the copyright is recorded, “piratical” articles, that is, copies or phonorecords that are made
without the authorization of the copyright owner, are then denied entry by CBP and are subject
to forfeiture as prohibited imports. Suspect goods may be detained by CBP, and the importer will
be notified and advised that it may file a statement denying that the article is in fact an infringing
copy and alleging that the detention of the article will result in a material depreciation of its value
or a loss or damage to the company. If the importer does not file such a statement within 30 days,
the suspect goods will be considered infringing copies and be subject to seizure and forfeiture. This
procedure involves the constitutionally required notice and hearing elements for any administrative
adjudication. Upon notice, the importer of the pirated goods has the opportunity to petition for relief
from the forfeiture. If the importer fails to obtain such relief, the goods are disposed of by CBP.
CBP, in the course of examining imported goods, may provide a sample of the suspect merchandise
to the copyright owner for examination, testing, or any other use in pursuit of a related private civil
remedy for copyright infringement, provided that the copyright owner furnishes a bond holding CBP
harmless from any loss or damage resulting from the furnishing of the sample.
Laws Protecting Your Intellectual Property
Under the United States’ system of federalism, governing is shared between the state and federal
governments. In other words, there may be laws at both the state and federal levels that are intended
to address the same issues. At the same time, the uncodified, or so-called common law, may provide
additional protections, at least with respect to civil actions. As it pertains to trademarks, this means
that trademarks are protected under federal law and may also be protected under state law through
state anti-counterfeiting statutes, trademark infringement or anti-dilution laws, or unfair trade
practices and consumer protection laws. In contrast, with very limited exceptions, the U.S. Copyright
Act expressly preempted all state and common law protections for copyright.
While this manual focuses on the protections available at the federal level with respect to both
criminal and civil proceedings, you should keep in mind that additional trademark protections may
exist at the state level.
Federal Civil Trademark Laws
The primary way a trademark owner may enforce its rights is by bringing suit against alleged
trademark infringers. The Lanham Act of 1946 created the federal statute governing trademark
infringement. Under this act, the key statutory elements of trademark infringement are use in
commerce and likelihood of confusion. Use in commerce generally requires the sale, or at least the
importation or other shipment, of goods bearing the infringing trademark. 22
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Under the Lanham Act, a successful plaintiff can receive (1) injunctive relief, (2) the defendant’s
profits, (3) any damages sustained by the plaintiff, and (4) the costs of the action. Moreover, in cases