Which of the following is NOT provided for in 19 CFR 133 to dispose of merchandise seized for infringement of a trademark recorded with U.S. Customs and Border Protection?
a) Forfeiture followed by destruction of the infringing merchandise
b) Release of the infringing merchandise by way of a gift to a charitable institution having a need for the same when there is consent of the trademark owner, obliteration of the offending mark, and a determination by CBP that the merchandise is not unsafe or hazardous
c) Exportation of the infringing merchandise without obliteration of the offending mark when it is one other than a counterfeit
d) Release of the infringing merchandise after obliteration when the offending mark is counterfeit
e) None of the above
[bg_collapse view=”button-green” color=”#4a4949″ icon=”arrow” expand_text=”Show Answer and Citation” collapse_text=”Hide Answer and Citation” ]
The Answer is: D
Citation: Under the relevant regulations in 19 CFR 133, merchandise seized for bearing a counterfeit mark may not be released with the mere obliteration of the offending mark, as this is expressly forbidden by 19 CFR 133.51(b) and 133.52(a) and (c).
[/bg_collapse]