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This article, third in a series, is written by Emily Danchuk, an intellectual property attorney and founder of Copyright Collaborative, which is a web-based subscription program designed to educate empower and unionize artists in the fight against intellectual property theft. Many of my clients complain about knock-offs of their products being imported from China or India and sold in the United States. In order to rectify my limited knowledge and previous assumptions about Customs and Border Patrol’s Intellectual Property Rights programs, I scheduled a meeting with several CBP specialists to learn more about the e-recordation program. I met with Marian Suster and Chuck Thompson, two CBP Import Specialists who were gracious enough to walk me through the program, step-by-step. If the copyright owner knows of an infringing product being brought into the United States, they should then file an e-allegation here. If goods are suspected of being infringing, they will be detained for up to thirty days for CBP to determine whether to seize the goods.
If the goods are found to be infringing, the goods will be seized, and the copyright owner will be advised of the country of origin, the date of importation, the port of entry, a description of the merchandise and the quantity of merchandise and the name and address of the manufacturer, exporter and importer (this information can often be priceless in any lawsuit or infringement matter.) CBP has the authority and expertise to determine whether goods are suspected of being infringing or actually are infringing.
CBP cannot detain or seize infringing goods unless the owner of the original goods has recorded the relevant copyright or trademark with CBP; they don’t have jurisdiction to do so. The copyright owner may record their copyright and trademark registrations with CBP at any time, and any future shipments will be searched for infringing goods. The power that CBP has to detain and seize goods is immense; the copyright or trademark owner must only take a few steps to essentially prevent knock-offs of the product from entering through our borders.
One way that copyright owners can assist CBP in recognizing knock-offs of their original products is to invite CBP into their places of business through C-TPATS, the Customs-Trade Partnership Against Terrorism Security link portal.
CBP will, at no cost, meet with copyright owners and become familiar with their products so that CBP agents can more easily spot knock-offs at the border. My meeting with these CBP agents helped me to discover a very under-utilized tool in helping artists to protect overseas knock-offs from entering U.S.
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In it, we get to see a classic Mini getting crushed by the US Customs and Border Protection. According to Yahoo, the VIN number said it was a 1988 model but the engine was different and the steering wheel was on the wrong side.
At the moment, most of the work is covering finding and destroying illegally imported British cars (like Minis and Land Rovers).


To us it looks like a complete waste but if it does the trick and keeps unsafe cars off the road, we’re all up for it. On the morning of November 1, highways and streets were blockaded from Mexico’s southernmost state of Chiapas to the Texas border in protest of the October 29 Mexican Federal Police invasion of the city of Oaxaca. But on the US side, the US Armed Forces, heavily armed with semiautomatic weapons and teargas bazookas, joined the police, who were also accompanied by attack dogs.
If anything had gone wrong that day, there would have been nowhere to run – not from tear gas, not from paint balls, not from bullets that might have sprayed the air at the mark of an over-zealous finger, not from attack dogs. Not content that the demonstrators left the few yards of US territory that the bridge meeting had stepped upon, the Customs-Border Protection helicopter then tailed the march into Mexican territory. Did the US officials directing this operation think that the bigger-than-life, pipe-smoking and masked Zapatista Subcomandante Marcos – a century after the Mexican revolutionary Pancho Villa encroached into US territory – would invade the United States with a motley entourage of unarmed citizens and reporters, many of which are US citizens? When they ask what they can do about it, my answer is usually, “Well, let’s stop the product at the border.”  I explain that the client can record their copyright registrations with Customs and Border Protection’s (CBP) e-recordation program.
Upon detention of the goods, the copyright owner will be advised of the country of origin, the date of importation, the port of entry, a description of the merchandise and the quantity of merchandise.
Copyright owners can create a company profile with C-TPATS through the C-TPATS portal, which will assist artists and small businesses in providing much needed information to CBP. Ask any fan of the brand and you’ll reach this conclusion, but whatever the reason they invoke, things are exactly as they seem.
No matter how good the modern cars are, they will never live up to the experience delivered by a pre-BMW Mini. As it turns out, the car was imported illegally in the States and that’s why the crusher was needed. The car was actually a 2000 model that had its VIN changed to be imported easier, without being tested to see if it’s still safe to drive. The video is here just to remind anyone thinking of doing such illegal acts of the consequences. Please, upgrade to a different browser or install Google Chrome Frame to experience this site. In some regions, like Chiapas, the blockades took the form of direct action, effectively shutting down transit during business hours on most major routes throughout the state. Agents filmed the demonstration from above as their targets below shook fists and others flipped them the bird.


At that moment, should it have come, the symbolism might well have sparked a Day of the Dead bloodbath… and a revolution. When the meeting ended, the assembled from both sides of the border accompanied Marcos and the Other Campaign down into Ciudad Juárez. Evidently and unquestionably the chopper remained about twenty minutes inside the other nation’s airspace, slowly crawling the sky alongside and above the marchers. Officially Fed choppers are not allowed to fly low enough to blow dirt unless it’s a life-threatening event. I assumed  it only protected big companies like Coach and Louis Vuitton, and that small businesses didn’t have the sway with the government entity to ask for seizure of infringing goods. If a copyright owner does not record their copyrights with CBP, there is no authority for CBP to seize or detain any infringing goods, so e-recordation is essential. Sure, the cars have grown in size and weight, while along with that came more powerful engines but you do get a lot for it.
Those things were basically karts and that’s why it is eye-watering watching the video below.
Clusters of hundreds gathered at each strategic crossroads, placed sandbags and a single cable across the road, and stood silently, stopping traffic for 45 minutes at a time, then letting it pass for 15 minutes, then blockading again for 45 minutes, all day long. The crowd (thousands of people and press, the El Paso Times estimated 2,500) occupied the middle of the bridge, along side the cast iron plaque that marks the international border.
Delegate Zero boarded his vehicle, as the multitude walked various kilometers to a high school campus for the next meetings of the day (one with adherents from the Other Side, the other, a political-cultural event, with Mexican adherents).
Twenty minutes into this spectacle, a helicopter came from the Mexican side, and the US chopper rapidly retreated. It is not far-fetched to imagine that the upcoming Congressional investigations may also dig into the events of November 1, 2006, along the El Paso-Juárez bridge, when those charged with upholding the law broke it once again. But what distinguished the two focal points on each pole of the Mexican Republic was the difference in response by the law enforcement agencies of each country.
Not being a normal bridge (one that spans a body of water), there wasn’t even sufficient river to jump into.



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