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IPR Violations and U.S. Customs

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M

mdanny

Guest
What is the name of your state? California
US Customs at SFO International Airport seized 50 shirts and 10 shorts (manufactured under the Tommy Bahama label) under a possible IPR (Intellectual Property Rights) violation. These items were purchased in China and were being brought back to the USA as gifts and personal use. These items are manufactured in China and are either over runs from the factory or items that have flaws/defects. As far as I know, the items are 100% authentic and genuine. The Tommy Bahama products that were confiscated have all the of labels/tags intact including the P.O. # and Style # which are used to describe the items. I am wondering how I can defend myself under the following: 1. False seizure of authentic goods whereby the items are being detained for over 30 days (they have 30 days to prove that items are not authentic) whereas 30-day period has expired. 2. Misrepresentation whereby I was asked/advised to provide my social security number and driver's license (as I understand it, it was not necessary nor mandatory to do so after the fact). 3. Asked/Advised to sign a notice of abandonment and assent to forfeit seized merchandise and certificate of destruction without being advised that I did not have to sign the form. 4. Having to go through a mandatory secondary screening (past 3 out of 4 times and indefinitely in the future) at customs points every time I am to re-enter the USA, which in my mind is a form of harassment, since it has not even been proven that the articles are counterfeit. My objective is to have the items returned to me in original condition and seek damages for wrongful seizure and detainment of goods, misrepresentation of having to give personal and confidential information (social security number and California State drivers license), misrepresentation of having to sign a certificate of destruction with Customs officials fully being aware that they did not advise me of my rights that I did not have to sign the document and having to go through a mandatory secondary screening each and every time I am to re-enter the USA which is 3-4 times in the past month and indefinitely in the future. Thank you very much for your advice and attention.
 
Last edited:


Shay-Pari'e

Senior Member
mdanny said:
What is the name of your state? California
US Customs at SFO International Airport seized 50 shirts and 10 shorts (manufactured under the Tommy Bahama label) under a possible IPR (Intellectual Property Rights) violation. These items were purchased in China and were being brought back to the USA as gifts and personal use. These items are manufactured in China and are either over runs from the factory or items that have flaws/defects. As far as I know, the items are 100% authentic and genuine. The Tommy Bahama products that were confiscated have all the of labels/tags intact including the P.O. # and Style # which are used to describe the items. I am wondering how I can defend myself under the following: 1. False seizure of authentic goods whereby the items are being detained for over 30 days (they have 30 days to prove that items are not authentic) whereas 30-day period has expired. 2. Misrepresentation whereby I was asked/advised to provide my social security number and driver's license (as I understand it, it was not necessary nor mandatory to do so after the fact). 3. Asked/Advised to sign a notice of abandonment and assent to forfeit seized merchandise and certificate of destruction without being advised that I did not have to sign the form. 4. Having to go through a mandatory secondary screening (past 3 out of 4 times and indefinitely in the future) at customs points every time I am to re-enter the USA, which in my mind is a form of harassment, since it has not even been proven that the articles are counterfeit. My objective is to have the items returned to me in original condition and seek damages for wrongful seizure and detainment of goods, misrepresentation of having to give personal and confidential information (social security number and California State drivers license), misrepresentation of having to sign a certificate of destruction with Customs officials fully being aware that they did not advise me of my rights that I did not have to sign the document and having to go through a mandatory secondary screening each and every time I am to re-enter the USA which is 3-4 times in the past month and indefinitely in the future. Thank you very much for your advice and attention.


Wait the 30 day's to make sure there are no bombs in the shorts.

Why is it so hard to just understand the situation America is in these days?


Different world today.
 

divgradcurl

Senior Member
"As far as I know, the items are 100% authentic and genuine."

That's your story and you're sticking to it, right?

"My objective is to have the items returned to me in original condition "

If they are truly authentic and legally purchased, then they will be.

"seek damages for wrongful seizure and detainment of goods"

What damages have you suffered? If these were gifts, then how have you suffered damages? If these were going to be resold, then I suppose you have some damages, but then there are other issues to consider... If you are thinking punitive damages, well, they are just doing their job -- why should they be punished for that?

"misrepresentation of having to give personal and confidential information (social security number and California State drivers license), misrepresentation of having to sign a certificate of destruction with Customs officials fully being aware that they did not advise me of my rights that I did not have to sign the document"

What damages have you suffered because of these misrepresentations? Do you have some regulations or codes that suggest what they did was improper?

"having to go through a mandatory secondary screening each and every time I am to re-enter the USA which is 3-4 times in the past month and indefinitely in the future."

Please, anytime you do anything suspicious, legal or not, you get mandatory screenings. My wife travels a lot for work, and the type of travel is a lot of one-day and one-way trips, so her tickets are automatically flagged for secondary screening every time she boards a plane. Whether or not what you did was legal, it was obviously suspicious enough to get people's attention, so in this post-9/11 world, well, you're just going to have to deal with it.

Besides, you've heard the old adage, "if it walks like a duck and quacks like a duck, it's probably a duck?" 50 shirts is a lot for personal use, especially if they are all similar or the same, and especially if they are all different sizes. Did you have receipts for the shirts?
 

Shay-Pari'e

Senior Member
divgradcurl said:
"As far as I know, the items are 100% authentic and genuine."

That's your story and you're sticking to it, right?

"My objective is to have the items returned to me in original condition "

If they are truly authentic and legally purchased, then they will be.

"seek damages for wrongful seizure and detainment of goods"

What damages have you suffered? If these were gifts, then how have you suffered damages? If these were going to be resold, then I suppose you have some damages, but then there are other issues to consider... If you are thinking punitive damages, well, they are just doing their job -- why should they be punished for that?

"misrepresentation of having to give personal and confidential information (social security number and California State drivers license), misrepresentation of having to sign a certificate of destruction with Customs officials fully being aware that they did not advise me of my rights that I did not have to sign the document"

What damages have you suffered because of these misrepresentations? Do you have some regulations or codes that suggest what they did was improper?

"having to go through a mandatory secondary screening each and every time I am to re-enter the USA which is 3-4 times in the past month and indefinitely in the future."

Please, anytime you do anything suspicious, legal or not, you get mandatory screenings. My wife travels a lot for work, and the type of travel is a lot of one-day and one-way trips, so her tickets are automatically flagged for secondary screening every time she boards a plane. Whether or not what you did was legal, it was obviously suspicious enough to get people's attention, so in this post-9/11 world, well, you're just going to have to deal with it.

Besides, you've heard the old adage, "if it walks like a duck and quacks like a duck, it's probably a duck?" 50 shirts is a lot for personal use, especially if they are all similar or the same, and especially if they are all different sizes. Did you have receipts for the shirts?

Thanks, you had more eneregy than I did. Good response.
 
M

mdanny

Guest
Makes Sense

Thanks very much for your enlightening advice. It just comes down to accepting it... thats the way the cookie crumbles.
 

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