us-cbp-cross-rulings-hq-450725•HQ 450725: Trademark infringement of a registered and recorded trademark of sun glasses (Registration No. 650,499, Customs Issuance No. 90-313)
HQ 450725: Trademark infringement of a registered and recorded trademark of sun glasses (Registration No. 650,499, Customs Issuance No. 90-313)
us-cbp-cross-rulings-hq-450725HQ 450725: Trademark infringement of a registered and recorded trademark of sun glasses (Registration No. 650,499, Customs Issuance No. 90-313)Guidance
Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.
HQ 450725
March 20, 1991
CO:R:IT:I 450725 DRR
CATEGORY: Trademark
District Director of Customs
Laredo, Texas 78044
RE: Trademark infringement of a registered and recorded
trademark of sun glasses (Registration No. 650,499, Customs
Issuance No. 90-313)
Dear Sir:
This is in response to your memorandum dated January 10,
1991, forwarding the case file in a matter involving potential
trademark infringement of sun glasses.
FACTS:
The record indicates that a shipment of 23,940 pair of
sunglasses marked "Ray-B" in angled script is currently under
seizure. They were seized pursuant to 15 U.S.C. 1595a(c) for
violation of 15 U.S.C. 1124, as confusingly similar to the "Ray-
Ban" trademark owned by Bausch & Lomb Inc. The trademark owner
has examined two pair of the allegedly infringing sunglasses
currently under seizure and submitted a written statement that
they are "unauthorized, counterfeit copies of the genuine Ray-Ban
sunglasses."
ISSUE:
Whether the imported sun glasses infringe the registered and
recorded trademark? If infringing, is the imported merchandise
counterfeit or confusingly similar?
LAW AND ANALYSIS:
Title 15 U.S.C. 1124 denies entry to articles bearing
trademarks which copy or simulate registered trademarks recorded
with Customs. The test for trademark infringement is whether the
use of the suspected mark is likely to cause confusion, or to
cause mistake, or to deceive. The mark "Ray-B" appears on the
same type of product, sunglasses, as the recorded mark and has
the overall appearance of the recorded mark. It is identical to
the first five letters of the recorded mark and is written in the
same style of lettering. We conclude that it is confusingly
similar to the recorded mark.
- 2 -
HOLDING:
We find that the detained merchandise infringes the
registered and recorded copyright, is confusingly similar to
"Ray-Ban", and was appropriately seized under 19 U.S.C. 1595a(c)
for violation of 15 U.S.C. 1124.
Sincerely,
John F. Atwood, Acting Chief,
Intellectual Property Rights Branch
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