CBP Receives Lever-Rule Application on "Ligo" Products
In the July 6, 2011 issue of the U.S. Customs and Border Protection Bulletin (Vol. 45, No. 28), CBP issued a notice announcing its receipt of a "Lever-Rule" application from Liberty Gold Food Co., Inc. for the federally registered and recorded “Ligo” trademark.
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Liberty Seeks Protection from “Gray Market” Ligo Products
Liberty is seeking Lever-Rule protection against the importation of products that bear the Ligo trademark but are intended for sale in countries outside the U.S., and are therefore physically and materially different from Ligo products intended for sale in the U.S. (gray market products).
CBP to Determine if Ligo Products are Materially Different from Liberty’s
In the event that CBP determines the Ligo products under consideration are physically and materially different from the Liberty Ligo products authorized for sale in the U.S., CBP will publish notice in the CBP Bulletin, pursuant to 19 CFR 133.2(f), indicating that the above-referenced trademark is entitled to Lever-rule protection with respect to those physically and materially different (gray market) Ligo products.
(In light of the 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. See ITT’s Online Archives or 02/24/99 news, 99022325, for BP summary of T.D. 99-21.)
CBP contact -- Suzanne Kane (202) 325--0119