Thursday, August 03, 2017

A few more ICE tidbits courtesy of FOIA

As the result of ICE's continued production, I've been able to review more from the sample of incidents we sought.  The key takeaways so far have already been covered--TM owners are the source of guidance, and they overreach, but most merchandise that's seized is not parodic.

You're not even trying, buddy: this counterfeit authenticity claim is so incoherent that one wonders why they bothered.  Accept no substitute, indeed:

Previously redacted NFL claim that parody/disparaging shirts are counterfeit:

Also, the relevant industry organization, CAPS, claims that counterfeit clothes pose health risks, as evidenced by this picture.  I''m not saying this is attractive storage, but it is in plastic, and I take my clothes into the bathroom (not even wrapped in plastic) all the time:

(CAPS also makes the claim on its website, which represents the NBA, NFL, MLB, NHL, and collegiate liceonsors, that derogatory, lewd, or offensive uses are counterfeit.)

This series of before and after pictures indicates some selectivity in seizures, which is good.  I note that my Dr. Seuss Slammed I Am T-shirt (which I had, coincidentally, for a number of years before I brought this case) was not seized:
before

before

before
after

seized

after

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