How to Avoid Counterfeit Products

Products protected by either trademark or copyright can create problems with Customs
when you return back to the U.S. with these purchases.

Difficulty: Easy

Instructions

1. Travelers, to prevent possible problems, should be aware of Customs' rules governing counterfeit items protected by either copyright or trademark. Customs, it should be noted, has another set of rules regarding genuine merchandise still protected by trademark laws.

2. Goods may be confiscated by Customs even if bought in good faith by travelers, and there is little chance of recovering these items. However, no fine is imposed. Losing your purchases is considered sufficient penalty. Products can have both trademark and copyright protection. For example, a personal computer might not have the manufacturer's trademark but still have copyrighted items in its ROM (Read Only Memory).

3. Examples of copyrighted goods that may be counterfeit include personal computers, cassettes and records. Wtches, leather goods and luggage are illustrations of trademark-protected items.

4. In considering possible purchases, consider the nation and outlet. Many counterfeit items have come from the Far East. Reputable stores, which stand behind their goods (and where you might get your money back if the item is discovered to be counterfeit) are better bets. You are not likely to find legitimate name products with street vendors or at bazaars and flea markets.

5. Problems may arise with genuine merchandise as U.S. trademark owners cn specify the amounts of their products travelers can bring back on any one trip. As long as items are for personal use and not for resale, chances are Customs won't detain products.

Tips & Warnings

• Regard the price carefully. If a bargain appears too good to be real, it probably isn't.
• Consider the packaging of items with caution. Since packaging is expensive, this is one aspect where counterfeiters may save money. Absence of packaging by itself can be a clue.
• Look for misspelled logos (counterfeiters even put fake copyright labels on goods), poorly attached or askew labels. or sloppy stitching.
• Check such product aspects as unfinished areas, poorly fitting parts, or any signs of careless workmanship.
• Find out if the products work before you leave any outle, and see if the serial numbers on the item match those on any warranty card.
• Save yourself possible grief by contacting Customs before departure if planning to purchase items that may be protected by copyright or trademark. Customs has free brochures, "Trademark Information For Travelers" and "Know Before You Go." Contact U.S. Customs, 1301 Constitution Avenue, N.W., Washington, D.C. 20229.
• Other than dubious selling locations, be wary of vendors - even in stores - touting bargains. The greater the discount offered, the more reason to question it.
• When only a cash sale is offered, move on.

Resources

• Link Text: http://customs.gov/