CBP Releases Sept. 5 Bulletin, Grants Lever-Rule Protection for Honda Trademark

CBP released its Sept. 5 Customs Bulletin (Vol. 46, No. 37). While the Bulletin does not contain any ruling articles, it does include a World Customs Organization meeting draft agenda and Court of International Trade decisions. CBP also issued a notice announcing that it has granted "Lever-Rule" protection to American Honda Motor Co., Inc.’s “Honda” trademark.

Gray Market Battery Products Differ Physically and Materially

CBP has determined that the gray market oil filters differ physically and materially from their correlating oil filters authorized for sale in the United States with respect to the following product characteristics: structure, design, warranty, packaging, and labeling.

Importation of Gray Market Versions Is Restricted

As a result, importation of the listed gray market American Honda products is restricted, unless the labeling requirements of 19 CFR 133.23(b) have been satisfied.

(19 CFR 133.23(b) states that goods determined by CBP to be physically and materially different that bear a genuine mark applied under the authority of the U.S. owner, a parent or subsidiary of the U.S. owner, or a party otherwise subject to common ownership or control with the U.S. owner (gray market goods) shall not be detained where the merchandise or its packaging bears a conspicuous and legible label designed to remain on the product until the first point of sale to a retail consumer in the U.S. stating that: “This product is not a product authorized by the U.S. trademark owner for importation and is physically and materially different from the authorized product.”

The label must be in close proximity to the trademark as it appears in its most prominent location on the article itself or the retail package or container. Other information designed to dispel consumer confusion may also be added.

According to 19 CFR 133.23(c), restricted gray market goods imported into the U.S. not so labeled, where the U.S. owner has received Lever-Rule protection for their products, shall be denied entry and subject to detention as provided in 19 CFR Part 133.25.)

(In light of a 1993 court decision in Lever Bros. Co. v. U.S., CBP issued a final rule (T.D. 99-21) in February 1999 that, upon application by the U.S. trademark owner, restricts the importation of certain gray market articles that bear genuine trademarks identical to or substantially indistinguishable from those appearing on articles authorized by the U.S. trademark owner for importation or sale in the U.S., and that thereby create a likelihood of consumer confusion, in circumstances where the gray market articles and those bearing the authorized U.S. trademark are physically and materially different.)

CBP Contact -- Suzanne Kane (202) 325--0119