There is no question that U.S. Custom’s ramped-up enforcement of I.P. violations has become the new norm. In late 2020, U.S. Customs seized $204,168 worth of counterfeit Apple Watches, $13.2 million in counterfeit computer parts, and over $2.5 million in counterfeit facemasks and other COVID-19 related devices. Without consent of the U.S. Trademark holder, the seized cargo is usually forfeited without remission (usually destroyed).
In addition to forfeiture, many of these cases result in high fines or penalties to the importer, which can be mitigated if the importer has the legal capabilities and acts timely. If not mitigated, the fines can be the total value of the products if they were the genuine article or more. Battling several fronts with Customs is a difficult process. The Fines, Penalties & Forfeiture’s Office is technically a legal branch of Customs, and you should find the help of an experienced trade attorney after getting a notice of detention instead of going in alone.
