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GDLSK CAFTA-DR SHORT-SUPPLY FABRIC REQUEST APPROVED

In a notice published in the Federal Register on May 17, 2016, the Committee for the Implementation of Textile Agreements (“CITA”) announced its approval of a short supply petition filed by GDLSK seeking a determination that certain warp stretch woven rayon blend fabrics are not available in commercial quantities in a timely manner in the CAFTA–DR (Central America Free Trade Agreement – Dominican Republic) countries.

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U.S. House of Representatives passed H.R. 1493, the “Protect and Preserve International Cultural Property Act”

On April 13, 2016, the U.S. House of Representatives passed H.R. 1493, the “Protect and Preserve International Cultural Property Act” that included emergency import restrictions for such material coming from Syria. A copy of the Bill could be viewed by selecting the below link. Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP is the pre-eminent firm in the practice of Customs and International trade laws and agreements.  Our Art Law Practice has decades of success in providing guidance and legal expertise on the forefront of complex and emerging issues affecting the trade in antiquities and ancient items.    GDLSK advised numerous clients to include museums, universities, auction houses, dealers and collectors on how to safely navigate their businesses, protect their collections and enhance their collection management practices during earlier times of “culture in conflict”.  This included the Iraq Gulf Wars, the Arab Spring, the looting in Libya and other middle eastern nations.   Contact James McAndrew of our staff at 212-973-7706 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it for more information on the above.

https://www.congress.gov/114/bills/hr1493/BILLS-114hr1493eas.pdf

   

ITC Decision Bans Imports of Counterfeit Shoes

On June 23, 2016, the U.S. International Trade Commission (“ITC”) issued a broad Exclusion Order upholding trademark protection of the Converse, Inc. diamond-patterned outsole portion of the shoe company’s famous Chuck Taylor sneaker. The Exclusion Order has the effect of barring imports of sneakers that infringe on the Converse diamond-patterned outsole.

The decision is considered a partial victory for defendants Walmart, Sketchers and New Balance, which were accused of infringing the trademark of the midsole – which consists of a rubber band around the front of the shoe, a toe cap and stripes on the sides of the Chuck Taylor shoe.  The Exclusion Order does not prevent importations of look-a-like sneakers that contain these features, as long as they do not have the diamond patterned outsole.

Converse had sought to protect its Chuck Taylor trademarks by means of civil litigation in federal court and a complaint before the ITC.  The civil litigation remains pending with the U.S. District Court in Brooklyn.  The recent ITC decision could possibly be relied upon by the litigants to bolster their claims in court, as it was a mixed win for both sides. 

The Converse case highlights a much-overlooked tool available to trademark owners who are seeking to protect their brand.  While civil litigation offers the opportunity to win monetary damages from counterfeiters, successful actions before the ITC can result in exclusion orders that bar importations of infringing merchandise. 

Please contact Christina Leonard at (212-973-7769 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it ) for further information on this development and for additional information on how our firm can assist trademark owners assert their rights.

   

Fundamentals of Export Compliance Course Live in Los Angeles

The Foreign Trade Association is offering a course that will provide an in-depth review of regulatory requirements under the Census Regulations, Export Administration Regulations, OFAC regulations, ITAR and U.S. Customs export regulations.  It will also cover practical advice for implementing and improving corporate export compliance procedures and for managing incidents of non-compliance.  The course is taught by Erik Smithweiss of Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP, a partner resident in the firm’s Los Angeles office.  The two-day course takes place on April 25 & 26, 2016.

If you would like further information, including a list of topics that will be covered, and registration information, please open the link below or contact Erik Smithweiss.

http://www.foreigntradeassociation.com/event-2193683

   

Fundamentals of Foreign-Trade Zones: NAFTZ Spring Seminar

David M. Murphy is speaking at the 30th Annual Spring Seminar of the National Association of Foreign Trade Zones in Nashville, TN (May 22-24, 2016).  Mr. Murphy will speak on the “Fundamentals of Foreign-Trade Zones” on May 23.  The program includes seminars addressing topics currently affecting FTZ grantees, operators and users from beginners to the advanced professional. For more information about this topic, please contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

For more information on the program, see http://www.naftz.org/events/annual-spring-seminar/

   

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