19 C.F.R. § 134.47
Souvenirs and articles marked with trademarks or trade names
When as part of a trademark or trade name or as part of a souvenir marking, the name of a location in the United States or “United States” or “America” appear, the article shall be legibly, conspicuously, and permanently marked to indicate the name of the country of origin of the article preceded by “Made in,” “Product of,” or other similar words, in close proximity or in some other conspicuous location.
Notes of Decisions
Cited in 3
cases, 2005–2016 · leading case: Dunn-Heiser v. United States, 374 F. Supp. 2d 1276 (Ct. Intl. Trade 2005).
Dunn-Heiser v. United States, 374 F. Supp. 2d 1276 (Ct. Intl. Trade 2005). “See 19 C.F.R. § 134.47 . 14 But there is nothing whatsoever in the fact pattern of the question to suggest that the information on the hangtag relates to any trade name, trademark, or souvenir marking.”
Jblu, Inc. v. United States, 813 F.3d 1377 (Fed. Cir. 2016). “” 19 C.F.R. § 134.47 . In such a case, the country of origin marking must be legible and permanent; “conspicuous[ ]”; and' either “in close proximity [to the location words, letters, or name] or in some other conspicuous location.”
JBLU, Inc. v. United States, 2015 CIT 8 (Ct. Intl. Trade 2015). “Plaintiff claims that the presence of its trademarks trigger the marking requirements of 19 C.F.R. § 134.47 . Id. Therefore, Plaintiff insists that the subject *1393 merchandise is properly marked with the country of origin and is not required to be re-labeled.”
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