Question
Able Time Inc. imported a shipment of watches into the United States. The watches bore the mark TOMMY, which is a registered trademark owned by
Able Time Inc. imported a shipment of watches into the United States. The watches bore the mark "TOMMY", which is a registered trademark owned by Tommy Hillfiger. U.S. customs seized the watches pursuant to the Tariff Act, which authorizes seizure of any "merchandise bearing a counterfeit mark". Tommy Hilfiger did not make or sell watches at the time of the seizure. Able Time Inc. argued that because Tommy Hilfiger did not make watches at the time of the seizure, the watches it imported were not counterfeit, and the civil penalty imposed by Customs was unlawful. The government argued that the mark was counterfeit and that the Tariff Act does not require the owner of the registered mark to make the same type of goods as those bearing the offending mark. YOU DECIDE> Make a thoughtful argument with valid reasons to this case.
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