New York/Newark Seaport-bound counterfeiters, beware! In 2007, major seizures in these seaports by US Customs and Border Protection of counterfeit and pirated goods brought in a record-setting $60 million!

This could be a banner year for IPR compliance enforcement. During the past 12 months U.S. Customs and Border Protection (CBP) officers and import specialists working in the New York and New Jersey seaports seized a record amount of counterfeit and pirated goods

In FY 2007, goods valued at over $60 million were seized for various Intellectual Property Rights (IPR) violations, a new significant port record. Compare this to 2006, when over $25 million worth of IPR-violating goods was seized and to 2005 when the total value for seized goods for IPR violations was more than $18 million.

The figures reflect significant seizure increases, by domestic value, of almost 144% from 2006 to 2007, and 238% from 2005 to 2007.

In the first three weeks of FY 2008, New York/Newark Seaport CBP officers and import specialists scored multiple seizures of counterfeit goods, including notable busts of trademarked Yoki Sport jackets, trademarked Nike Air Jordan sneakers, and Coach, Gucci, and Louis Vuitton tote, travel, and hand bags, valued at $4.4 million.

You can't fool the CBP. But smugglers apparently thought so. CBP, charged with stopping the importation of merchandise which violates trade names, registered trademarks and copyrights whose owners have sought protection by recording their rights with CBP, foiled attempts by smugglers to manifest brand name sneakers as plastic forks, brake pads, or list them as Christmas wreaths.

Another unsuccessful attempt at concealment appeared like a variation of Russian nesting dolls or Japanese puzzle boxes where the smaller objects are stacked inside the larger figures: here, it was wallets within bags within bags – Gucci and Channel merchandise hidden inside cheap, no-name handbags.

CBP officers also uncovered fake Nike sneakers within a false wall in a refrigerated container, and counterfeit handbags and wallets concealed in very large wooden frames, bordering works of art.

Shrewd operators also try to bring in fraudulent designer labels, tags and logo-stamped pieces (for example, there was a recent seizure of Prada labels), which they may consider to be more cost-effective.

The majority of IPR violations for imported goods arrive in shipments from China, Hong Kong, Korea, Singapore and Taiwan.

From brand-name fakes to high-risk counterfeits, CBP covers them all.  Whether it is faux Beanie Baby stuffed toys, Cabbage Patch dolls, Rolex watches, Gucci wallets, or fake products that impact public health and safety like tainted toothpaste, foodstuff, pharmaceuticals, or electrical products, CBP officers target, intercept, detain, seize and often destroy merchandise that violates IPR regulations.

The counterfeiting of products that can harm the health and safety of consumers is particularly troubling. Several of Newark seaport’s seizures for IPR violations were also considered to be health and safety concerns: for example, in 2007, seizures included electrical heavy-duty extension cords bearing fake safety certification trademarks, valued at $565,203; toys worth $34,649; and toiletries (such as toothpaste, shampoo, and soap) valued at $31,188.

Training, and cooperation from within the industry itself, has enhanced CBP officers’ and import specialists’ expertise in learning how to tell the difference between what is real or not. "The efforts of CBP are changing the dynamics of the counterfeit Intellectual Property Rights trade in the New York/Newark Area. These efforts reflect the commitment of CBP to keep illegitimate goods out of the commerce of the United States", said Adele Fasano, Area Director, New York/Newark.

Working closely with the affected trademark holders, companies, and with other federal, state and local enforcement agencies and trade organizations, CBP continues to have a real impact when detecting and intercepting shipments of goods that violate the laws of protecting intellectual property.

U.S. Customs and Border Protection is the unified border agency within the Department of Homeland Security charged with the management, control and protection of the nation’s borders at and between the official ports of entry. CBP is charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of U.S. laws.