Nike, Importer Settle Suit on Importation of Counterfeit Goods
Nike reached a settlement with importer City Ocean International and freight forwarder City Ocean Logistics in Nike's case against the companies for trademark counterfeiting, trademark infringement, false designation of origin, trademark dilution, importation of goods bearing infringing marks and violation of the Tariff Act. The terms of the settlement weren't disclosed, though Nike dismissed its complaint with prejudice, meaning it can't be refiled (Nike v. Eastern Ports Custom Brokers, D.N.J. # 2:11-04390).
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
In its complaint in the long running case (see 13090601), Nike said that from November 2008 to March 2009, City Ocean allegedly caused or arranged for at least 10 separate shipping containers from China to be sent to the U.S. to a company named Saint-Gobain Ceramics & Plastics. The final two shipments made to this company were seized by CBP for containing counterfeit Nike footwear.
City Ocean also allegedly hired Eastern Ports Custom Brokers "to arrange and cause the clearance of the Saint-Gobain Shipments through Customs so that the goods might be distributed in commerce in the United States." The complaint said City Ocean imported and distributed or caused the importation and distribution of counterfeit Nike footwear knowing the counterfeit goods bore fakes of Nike trademarks or "willfully ignored whether" the counterfeit footwear bore counterfeit Nike trademarks.