CBP Receives Lever-Rule Application for "Gray Market" Cream and Cheese
In the July 28, 2010 issue of the U.S. Customs and Border Protection Bulletin (Vol. 44, No. 31), CBP issued a notice announcing its receipt of a "Lever-Rule" application from Arla Foods amba for its cream and processed cheese products.
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Arla Food Seeks Protection from “Gray Market” Cream/Cheese Products with its Trademark
Arla Foods amba is seeking Lever-Rule protection against the importation of cream and processed cheese products not authorized for sale in the U.S. that bear the Arla Foods amba “PUCK” trademark, (U.S. Trademark Registration No. 1,940,389; CBP Recordation No. TMK 10--00169).
In the event that CBP determines the cream and processed cheese products under consideration are physically and materially different from the Arla Foods amba cream and processed cheese products authorized for sale in the U.S., CBP will publish a notice in the CBP Bulletin, pursuant to 19 CFR 133.2(f), indicating that the above-referenced trademark is entitled to Lever-Rule protection with respect to those physically and materially different (“gray market”) Arla Foods amba cream and processed cheese products.
(In light of the 1993 court decision in Lever Bros. Co. v. U.S., CBP issued a final rule (T.D. 99-21) in February 1999 that, upon application by the U.S. trademark owner, restricts the importation of certain gray market articles that bear genuine trademarks identical to or substantially indistinguishable from those appearing on articles authorized by the U.S. trademark owner for importation or sale in the U.S., and that thereby create a likelihood of consumer confusion, in circumstances where the gray market articles and those bearing the authorized U.S. trademark are physically and materially different. See ITT’s Online Archives or 02/24/99 news, 99022325, for BP summary of T.D. 99-21.)
CBP contact -- Alaina van Horn (202) 325-0083