Trademark; confusingly similar; Liz Claiborne; handbag

HQ 731890 January 13,1989 TMK-3 CO:R:C:V 731890 A CATEGORY: trademark Karl Mindlin, President Elka Handbags 37 N.E. 15th Street Miami, Florida 33132 RE: Trademark; confusingly similar; Liz Claiborne; handbag Dear Mr. Mindlin: This is in reply to your letter of October 26, 1988, which submitted two different vinyl material samples and asked if the "printing" is restricted as to importations of handbags made with those materials. We are unaware of any restrictions on "printing," as such. Your inquiry seems to focus on trademark protection administered by the Customs Service, but no specific trademarks were mentioned. Since we were generally aware that Liz Claiborne, Inc. had recorded some triangular design trademarks with us, we did look at those recordations, and without referring this matter to Liz Claiborne for their consideration, our opinion is as follows: Sample No. 1 Assuming no representations are made that handbags made with this fabric are products of Liz Claiborne, Inc., there appears to be no violation of recorded Claiborne trademarks because (a) the triangles are solid with no diagonal slash, (b) the curlicue design is interspersed between every triangle, and (c) there is no indication that the repeating pattern is used as a trademark. Sample No. 2 In our opinion, sample No. 2 would be confusingly similar to Liz Claiborne's trademark Registration No. 1,481,496 (copy enclosed) in violation of Title 15, U.S. Code, section 1124 and subject to seizure and forfeiture under Title 19 U.S. Code, section 1595a(c). Enclosed for your convenience, is a copy of your letter showing the samples which you submitted. In any case where the written consent of the trademark owner is obtained, Customs would have no objection to importation of - 2 - the goods, on the basis of trademark protection. Enclosed for general information is a copy of the booklet, "Importing into the United States." Sincerely, Marvin M. Amernick Chief, Value, Special Programs and Admissibility Branch