HQ 450725: Trademark infringement of a registered and recorded trademark of sun glasses (Registration No. 650,499, Customs Issuance No. 90-313)

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