Suspected infringement Polo, Ralph Lauren trademark(Registration No. 1,212,060; Customs Recordation Issuance No. 85-471 (see 85-00349))

HQ 452057 October 17, 1991 TRA CO:R:IT:I 452057 TPT CATEGORY: Trademark District Director of Customs 7911 Frosyth Bldg., Suite 625 St. Louis, Missouri 63105 RE: Suspected infringement Polo, Ralph Lauren trademark (Registration No. 1,212,060; Customs Recordation Issuance No. 85- 471 (see 85-00349)) Dear Sir: This is in response to a request from Import Specialist Bill Williams in Kansas City, asking for a determination on the issue of trademark infringement regarding a shipment of shirts (entry no. 595-0085132-0). ISSUE: Whether the sample shirt, bearing a the design of a man on horseback holding a polo mallet infringes the design trademark referenced above. LAW AND ANALYSIS: Under the Trademark Laws a certificate of registration issued by the U.S. Patent and Trademark Office shall be prima facie evidence of the validity of a registered mark. 15 U.S.C. 1057(b). Section 1526(e) of the Customs Laws (19 U.S.C. 1526(e)) prohibits the importation of articles bearing a counterfeit trademark. Counterfeit marks are spurious marks that are identical with or substantially indistinguishable from the registered trademark. 15 U.S.C. 1127; 19 C.F.R. 133.23a(a). The Trademark Laws deny entry to articles bearing trademarks which copy or simulate registered trademarks (15 U.S.C. 1124) recorded with Customs for import protection pursuant to Part 133 of the Customs Regulations (19 C.F.R. Part 133). The test for trademark infringement is whether the use of the suspected mark is likely to cause confusion, or to cause mistake, or to deceive. See 15 U.S.C. 1114. A mark which is similar to a registered trademark and is likely to cause confusion, mistake, or likely to deceive is a confusingly similar mark and in violation of 15 U.S.C. 1124. A mark which is 2 identical to or substantially indistinguishable from a registered mark and is likely to cause confusion, mistake, or likely to deceive is a counterfeit mark. See 15 U.S.C. 1127. The shirt forwarded for our review is a solid colored, pull- over shirt. The label sewn to the inside of the collar indicates that the shirt was made in Indonesia. The only design on the shirt is the stitched man on horseback holding a raised polo mallet. The registered and recorded trademark is the design of a polo player on horseback holding a raised mallet. After comparing the design on the imported shirt to the registered and recorded trademark, we conclude that absent a document authorizing the manufacturer to use this trademark it is a counterfeit use of the trademark. HOLDING: We find that shirts bearing this design are subject to seizure pursuant to 19 U.S.C. 1526(e) for a violation of this section, unless the importer shows that the manufacturer had the authority of the trademark owner to use the trademark. Sincerely, John F. Atwood, Chief