When the customs officials are directed by a court order to detain specific suspected infringing goods, they will attempt to detect and detain those goods. Once a detention has been made, the applicant and the importer will be notified. The applicant has two weeks after the notification to notify customs officials that the applicant has commenced a proceeding for a final determination by the court of the issues. If customs officials have not received such notification within that two week time period (or whatever time period that the court may specify), the goods will be released back into the regular flow of customs traffic.
It should be noted that before the court will order the suspension of the goods, it must be satisfied that there is infringement. Therefore a prima facie case would have to be made out.
