United States Ninth Circuit

In an suit involving allegedly counterfeit watches seized by Customs and the resulting civil penalties imposed, grant of summary judgment for defendant is reversed and remanded where: 1) the Tariff Act does not contain an identity of goods or services requirement; and 2) as a matter of law, goods imported by defendant could not be "merchandise bearing a counterfeit mark" under 19 U.S.C. section 1526(e) because the owner of the trademark in question did not at the time make the type of goods imported by defendant.

Appellate Information

• Argued 02/15/2008
• Decided 09/25/2008
• Published 09/25/2008

Judges

• CLIFTON, Circuit Judge:, Before:  STEPHEN S. TROTT, RICHARD R. CLIFTON, and CONSUELO M. CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Charles E. Mullins (argued), United States Nuclear Regulatory Commission, Rockville, MD, and Anthony Steinmeyer, Department of Justice, Washington, D.C. for the plaintiff-appellant.


• For Appellees:
  
• Elon A. Pollack (argued), Stein Shostak Shostak Pollack & O'Hara, Los Angeles, CA, and Phyllis G. Pollack, Law Offices of Phyllis G. Pollack, Los Angeles, CA, for the defendant-appellee Able Time, Inc.