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U.S. v. ABLE TIME, INC.

No. 06-56033.

545 F.3d 824 (2008)

UNITED STATES of America, Plaintiff-Appellant, v. ABLE TIME, INC., a California corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 25, 2008.

Attorney(s) appearing for the Case

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

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.

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

CLIFTON, Circuit Judge:

Able Time, Inc. imported a shipment of watches into the United States. The watches bore the mark "TOMMY," which is a registered trademark owned by Tommy Hilfiger Licensing, Inc. The Bureau of Customs and Border Protection seized the watches pursuant to the Tariff Act, which authorizes seizure of any "merchandise bearing a counterfeit mark." 19 U.S.C. § 1526(e). Tommy Hilfiger did not make or sell watches at the time of the seizure. Customs...

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