Home » Notes » “Shelter Chic”: Can the U.S. Government Make it Work?

“Shelter Chic”: Can the U.S. Government Make it Work?

PDF · Kristina Rae Montanaro · Jul-10-2012 · 42 VAND. J. TRANSNAT'L L. 1663 (2009)

This Note discusses government donations of seized counterfeit goods to charitable institutions and the implications of these practices.  The Customs and Border Protection (CBP) contributions to the Red Cross for the Hurricane Katrina relief effort serve as a backdrop for important concepts.  In making these contributions, the CBP relied on its emergency authority and a presidential proclamation to avoid basic statutory requirements that it (a) obtain consent from the right holders and (b) de-trademark counterfeit goods prior to donation.  While the donations inarguably benefitted countless disaster victims and freed up valuable CBP warehouse space, they may have had a detrimental impact on trademark holders’ rights and the U.S. government’s image as a forerunner in global IP rights enforcement.  Additionally, the CBP’s post-Katrina contributions raise concerns as to the legality of such donations under federal and international law.  This Note weighs the various interests at stake and ultimately suggests policies for avoiding the unnecessary sacrifice of trademark holders’ rights in future government donations.




Leave a Reply

ExpressO Top 10 Law Review

ANNOUNCEMENTS

The Vanderbilt Journal of Transnational Law is proud to celebrate 50 years. Read about the Journal’s history here and join us for our 50th anniversary celebration on October 5th, 2017!

Connect with the Vanderbilt Journal of Transnational Law on LinkedIn.

The Journal is pleased to listed as the #6 International Law Journal by the 2017 Washington and Lee Law Journal Rankings.

The Journal is pleased to announce the 2017-2018 Board of Editors: here

The Journal is very excited about the success of our February 2017 Symposium, “Sovereign Conduct on the Margins of the Law.” Read more about our February 2017 Symposium here

Please join us in congratulating the Vanderbilt Journal of Transnational Law 2017-2018 Write-On Competition Winners.

Video is available from the Vanderbilt Journal of Transnational Law’s 2015-2016 SymposiumThis is Not a Drill: Confronting Legal Issues in the Wake of International Disasters. Watch here.

Explore Other Vanderbilt Law Resources