Quote of the Day - He who builds a better mousetrap these days runs into material shortages, patent-infringement suits, work stoppages, collusive bidding, discount discrimination--and taxes.
Without filing a lawsuit. You first must file your trademark or copyright with the USCBPA and get it recorded. Get started here, or contact your local, favorite attorney.
Stops 'em cold at the border, before the goods even hit the market, and before you have to file suit. Of course there are some exceptions. You must be a U.S. citizen or legal entity to enjoy the protections (an exception that doesn't apply to copyrights). You also can't have registered your trademark abroad. There are a few others, too, so be aware. But Customs claims they aggressively protect your rights, and offer online trademark applications and copyright applications.
Customs - not a judge- decides whether goods infringe. The offending importer can appeal an adverse Customs decision, but the goods remain impounded during the appeal, and the decision to impound comes quickly when compared to litigation. Here are the rules and regulations to follow.
But don't just file and record your trademarks and copyrights. You have to take an active role with Customs and provide information in order to exercise your rights. They won't do all the work for you.
It's a lot less expensive than litigation, and a lot quicker. Go get 'em.