Which of the following imported articles are subject to seizure pursuant to the Digital Millenium Copyright Act (17 USC 1201)? Assume all trademarks and copyrights referenced in the answers are recorded with CBP.
How to get there
The DMCA import ban targets circumvention tools, not infringing copies themselves:
19 CFR 133.47(a)(2): Articles that violate the DMCA… products, devices, components, or parts thereof primarily designed or produced for the purpose of circumventing a copyright protection measure, or which have only a limited commercially significant purpose or use other than such circumvention, or which are knowingly marketed … for use in such circumvention.
A memory card "primarily designed to circumvent the copyright protection measures on the Nintendo Switch" fits that definition exactly. The answer is B.
Why the other choices are wrong
Each is a different IPR or entry problem, handled under a different rule:
A) Authentic Marvel DVDs manifested as blank CDs: the discs are genuine, so there's no piracy and no circumvention. This is a manifest or declaration problem, not a DMCA one.
C) A computer with a logo confusingly similar to Dell's: a copying or simulating trademark under § 133.22. It's denied entry and detained, and seized if not released. That's trademark law, not the DMCA.
D) An arcade machine with games substantially similar to Star Wars: possibly a piratical article (an unauthorized copy of a recorded copyrighted work) under § 133.42. That's copyright infringement, not circumvention.
Tip
Sort IPR questions by what's wrong: a counterfeit or look-alike mark → §§ 133.21–133.22. An unauthorized copy → § 133.42. A circumvention device → § 133.47 (DMCA). Each uses a 30-day detention window.
Sources: 19 CFR 133.47(a); 133.22; 133.42 (eCFR); 17 U.S.C. 1201.
CBP answer key: Answer B · 19 CFR 133.47; 19 CFR 133.22; 19 CFR 133.42Source: CBP past exams ↗