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Court of Appeals Overturns Apparel Trademark Case

03/18/2016 03:49 am

The U.S. Court of Appeals for the Federal Circuit has overturned a Court of International Trade decision in which Customs and Border Patrol (CBP) felt that the trademark name(s) which in this case read “America / Los Angeles” may mislead a consumer to believe that the goods were made in the U.S., when in fact, they were manufactured abroad.

While basic Customs Federal Regulation bars any importer from misleading consumers with regards to the actual country of origin, in this particular case, the ruling was in favor of the importer alluding to the fact that the importing article did in fact still have the legitimate country of origin (Made in China) imprinted in smaller font on the garment as well. This new decision allowed the apparel manufacturer in question to proceed.

We at Customized Brokers understand that rulings like this can have an impact on your apparel business. That’s why our specialized customs experts study trends, compliance issues and news and stay close to governing bodies so that we can continue to be your partner in trade. If you have a question about clearing your apparel for import into the U.S., give us a call. We close the loop on your supply chain with reliability, speed of delivery, and exceptional customer service.