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First off, this is trademark, copyright. Second, merely registering a trademark doesn't get you this level of treatment from CBP; Apple pays them significantly
by kmeisthax 3y ago
First off, this is trademark, copyright. Second, merely registering a trademark doesn't get you this level of treatment from CBP; Apple pays them significantly more money in order to be able to tell them how they want their trademark enforced at the border. Third, when your shit gets seized by CBP, that's based purely on the allegations of Apple; there's no due process (like there would be with, say, an ITC patent action).
Keep in mind here: the products in question are not counterfeit. If Apple had to sue to get the parts taken out of the market, they would lose, because of very obvious exceptions to trademark law - e.g. official Apple flex cables don't stop being official Apple flex cables when you plug a third-party iPhone screen into them. That would be like, if I sold you a Samsung TV, but I had an Apple HDMI cable hanging off the back of it, and then Apple sued me saying that I was selling a counterfeit Apple TV because the HDMI cable had an Apple logo on it.
- threeseed 3y ago> Apple pays them significantly more money in order to be able to tell them how they want their trademark enforced at the border Do you have a source for this. Because in the article it does not mention Apple paying any extra money to CBP and there is no information on the CBP website about it.
- tadfisher 3y agoThe source is the article we're discussing.
- supermatt 3y agoFrom the article: > Apple participates in CBP’s e-Recordation Program, a “service for trademark owners” where American rightsholders proactively re-register their US registered trademarks with CBP and pay regular fees to ensure special, stricter enforcement on the particular trademarks they request.