HQ 452057: Suspected infringement Polo, Ralph Lauren trademark(Registration No. 1,212,060; Customs Recordation Issuance No. 85-471 (see 85-00349))

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 452057

                        October 17, 1991

TRA CO:R:IT:I 452057 TPT

CATEGORY:  Trademark

District Director of Customs
7911 Frosyth Bldg., Suite 625
St. Louis, Missouri 63105

RE:  Suspected infringement Polo, Ralph Lauren trademark
(Registration No. 1,212,060; Customs Recordation Issuance No. 85-
471 (see 85-00349))

Dear Sir:

     This is in response to a request from Import Specialist Bill
Williams in Kansas City, asking for a determination on the issue
of trademark infringement regarding a shipment of shirts (entry
no. 595-0085132-0).

ISSUE:

     Whether the sample shirt, bearing a the design of a man on
horseback holding a polo mallet infringes the design trademark
referenced above.

LAW AND ANALYSIS:

     Under the Trademark Laws a certificate of registration 
issued by the U.S. Patent and Trademark Office shall be prima
facie evidence of the validity of a registered mark.  15 U.S.C.
1057(b).  Section 1526(e) of the Customs Laws (19 U.S.C. 1526(e))
prohibits the importation of articles bearing a counterfeit
trademark.  Counterfeit marks are spurious marks that are
identical with or substantially indistinguishable from the
registered trademark.  15 U.S.C. 1127; 19 C.F.R. 133.23a(a).  The
Trademark Laws deny entry to articles bearing trademarks which
copy or simulate registered trademarks (15 U.S.C. 1124) recorded
with Customs for import protection pursuant to Part 133 of the
Customs Regulations (19 C.F.R. Part 133). 

     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. See 15 U.S.C. 1114.  A mark which is
similar to a registered trademark and is likely to cause
confusion, mistake, or likely to deceive is a confusingly similar
mark and in violation of 15 U.S.C. 1124.  A mark which is
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identical to or substantially indistinguishable from a registered
mark and is likely to cause confusion, mistake, or likely to
deceive is a counterfeit mark.  See 15 U.S.C. 1127. 

     The shirt forwarded for our review is a solid colored, pull-
over shirt.  The label sewn to the inside of the collar indicates
that the shirt was made in Indonesia.  The only design on the
shirt is the stitched man on horseback holding a raised polo
mallet.  

     The registered and recorded trademark is the design of a
polo player on horseback holding a raised mallet.  After
comparing the design on the imported shirt to the registered and
recorded trademark, we conclude that absent a document
authorizing the manufacturer to use this trademark it is a
counterfeit use of the trademark.

HOLDING:

     We find that shirts bearing this design are subject to
seizure pursuant to 19 U.S.C. 1526(e) for a violation of this
section, unless the importer shows that the manufacturer had the
authority of the trademark owner to use the trademark.

                              Sincerely,




                              John F. Atwood, Chief