US v. WATCHES, WATCH PARTS, CALCULATORS, ETC. 692 F. Supp. 1317 - Dist. Court, SD Florida, 1988
Jul 27, 1988OUTCOME: Claimants' Motion for Summar Judgement denied
Claimed counterfeit trademarked watch faces and bodies from Hong Kong en route to Paraguay transited the US "in bond". Issues were whether Customs' Doctrine of the Entireties for classification applie ... d to watch bodies seized in bond in conjunction with counterfeit watch faces; and whether "in-bond" transit through the US constitutes "importation" for trademark law enforcement. The claimants assert that the watch bodies are discrete products which, absent faces and crystals that bear the identifying or protected marks, do not violate the trademark laws. Alternatively, the claimants posit that, though this court finds the merchandise to be counterfeit, it was not "imported" into the United States for the purposes of applying the trademark laws nor was it "entered" at a customs house.
