CIT Says it Can Consider IP Issues, Rules Seizure Notice Moot for Now
The Court of International Trade ruled in CBB Group, Inc. v. U.S. that U.S. Customs and Border Protection cannot take action to dispose of imports it found to be piratical copies that infringe a registered copyright while the case is pending, as its Seizure Notice was issued after the importer’s case was brought and the court’s jurisdiction had attached. The importer is challenging CBP’s alleged exclusion of its plush toys from entry and CBP’s deemed denial of its protest of that event.
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The CIT also ruled that it could decide this case on its merits, stating that the CAFC has implicitly recognized its power to decide questions of intellectual property law. See future issue of ITT for detailed summary of this June 27, 2011 decision.