June 2, 2004 CBP Bulletin Notice on Withdrawal of Two IPR Rulings Regarding a Company Logo
In the June 2, 2004 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 38, No. 23), CBP issued a notice withdrawing two intellectual property rights (IPR) rulings regarding a company logo, effective June 2, 2004, pursuant to a settlement agreement.
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Withdrawal of Two IPR Rulings Regarding a Company Logo
CBP is issuing HQ 476090 in order to withdraw HQ 475073 and HQ 475468.
CBP explains that the IPR Branch issued HQ 475073 (dated January 12, 2004) in response to Pacific Cigar Company's (Pacific Cigar's) request for a binding ruling under 19 CFR Part 177 concerning the admissibility of certain merchandise bearing a label consisting of a "company logo" incorporating an image similar to that of the Great Seal of the U.S. In that ruling, the IPR Branch found that the merchandise would be subject to seizure and forfeiture.
Pacific Cigar requested expedited reconsideration of the ruling. As a result of the request, HQ 475468 (dated March 9, 2004) was issued in which the IPR Branch considered Pacific Cigar's arguments, but affirmed the original ruling.
Pacific Cigar brought action against the U.S. and CBP in the Court of International Trade (CIT) (Court No. 04-00130) challenging HQ 475073 and HQ 475468. Pursuant to a settlement agreement, the parties agreed that HQ 475073 and HQ 475468 would be withdrawn, and the case before the CIT would be dismissed.
Accordingly, CBP's notice and HQ 476090 operate as withdrawal of HQ 475073 and HQ 475468, pursuant to the terms of the settlement agreement.
CBP notes that this withdrawal covers only the issuance of HQ 475073 and HQ 475468, and does not affect the substance of the rulings.
June 2, 2004 CBP Bulletin (Vol. 38, No. 23) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2004/vol38_06022004_no23/