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HE DAMAGING EFFECTS of Sept. 11, 2001, on American business have been widely chronicled. But one such effect that has received little attention is that it has become more difficult for trademark owners to protect their valuable marks against the importation and marketing of counterfeit and “gray” goods. Because America’s primary focus is now, necessarily, the war on terrorism, significant resources in the U.S. Customs and U.S. Marshal’s offices have been diverted from policing counterfeit merchandise to catching terrorists. Consequently, enlisting the government’s assistance in preventing the importation and sale of counterfeit and other unauthorized merchandise – an often difficult task even before Sept. 11 – is now more so.

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