MFIAP: Importers of firearms and airsoft guns. They have a highly informative FAQ on airsoft. Interestingly enough, according to this, almost all shops selling airsoft that I've seen so far are doing so illegally. It's not just about the blaze orange tip (which actually has to be of a specific color, according to U.S. Code), but also trademarks ("H&K", "Glock", etc.) and other IP related to the design of the mechanisms. Sounds like a trickier business than I thought. This is going to need a lot more research in order to do. MFI has franchising, but for ridiculous prices. I'd rather research it and do it on my own. They also list a site on the main page, Shimo Kobo, that sells pottery and such.
However, the MFI website does not seem to be entirely accurate regarding the nature of trademark violation. They state:
Possession of a counterfeit product could (according to the letter of the law) provide prosecution of felony possession for every mark on the product.Whereas a site from the Customs and Border Protection says:
Articles bearing marks that are counterfeit or inappropriately using a federally registered trademark are subject to seizure and forfeiture.The importation of articles intended for sale or public distribution bearing counterfeit marks may subject an individual to a civil fine if the registered trademark has also been recorded with CBP. Articles bearing marks that are confusingly similar to a CBP recorded registered trademark , and restricted gray market articles (goods bearing genuine marks not intended for U.S. importation for which CBP granted gray market protection) are subject to detention and seizure.Granted, this is for items physically carried back to the U.S. from overseas, but it certainly qualifies as possession, and mentions nothing of felony prosecution. If one intends to sell, the matter is different, since that is trafficking. The importer is expected to do their homework (which I'm doing). I'm not sure if this is just a scare tactic or what. Obviously personal possession of copyright or trademark violations is not a crime malum in se, and the fact that the CBP allows some counterfeits to pass is supporting evidence that MFI's information is not correct. I'm still searching the laws, however. Regarding trafficking, there are these references: USC Title 18, Part I, Chapter 113, Section 2320 and a DOJ site (also 1 and 2) on intellectual property crimes. I'd like to know about the role of intent in these matters, i.e. is it "Ignorance of the law is not an excuse"—despite that no one lawyer knows all the Federal laws, much less State laws!
However, travelers arriving in the United States may be permitted an exemption and allowed to import one article of each type, which must accompany the person, bearing a counterfeit, confusingly similar or restricted gray market trademark, provided that the article is for personal use and is not for sale.
Incidentally, the CBP import page appears to be extremely useful. (Perhaps I've linked to it here before, but...well...I forget.)
U.S. Toy Safety Standards: Might be useful someday.
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The CBP website has a document entitled "Guidelines Regarding Violations of 19 U.S.C. 1592 By Small Entities" that specifies legal guidelines for mitigation of penalties due to certain (non-willful) violations of customs law.
Of course, if an importer wants to base their livelihood on selling airsoft, etc., then they'd better make sure they have all their ducks in a row. Otherwise they're bound to be looking for a new job.
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