P.I.: Homeland Security (+)

PRIVATE EYE: Homeland Security Investigates Toy Store

Pufferbelly Toys in St. Helen, Oregon was paid a visit this summer by a US Homeland Security agent.
He was investing a lead that the store stocked a supply of Toysmith Group's "Magic Cube" toy.

"You must remove these toys from the shelf immediately" the store was told.

The agent stayed to make sure the items were removed. So did they contain some dangerous chemical planted there by terrorist? Did they have al Qaeda messages hidden inside? Nope, it was reported they violated the patent on Rubik’s Cube. As reported in The Oregonian newspaper:

Virginia Kice, a spokeswoman for Immigration and Customs Enforcement, said agents went to Pufferbelly based on a trademark infringement complaint filed in the agency's intellectual property rights center in Washington, D.C.

Kice also said Homeland Security officials routinely investigate such
complaints and follow up if they determine they are valid.

"One of the things that our agency's responsible for doing is protecting the integrity of the economy and our nation's financial systems and obviously trademark infringement does have significant economic implications," she said.

So Homeland Security is enforcing patent violations?!?! Does anyone else see this a potential abuse of power? The reason I say that is simple. Toysmith claims there is no infringement, they claim the patent expired years ago on Rubik's Cube. I distinctly remember it was 1980 at the latest that Rubik's Cube hit America (it was invented by an engineer in a Communist-block European country). That means it has been at least 24 YEARS. Unless they made changes and got new patents, it seem very obvious there is no infringement. Did the agent have any proof of a violation or was it just a phoned in complaint?

Homeland Security is a branch of US Customs and part of their job is stopping items being imported to America that violate intellectual property rights. That is indeed protecting American interest - but "raiding" one small business at a time, without proof?

I can see this scenario playing out now:

ring ring
"Hello office of Homeland Security, agent Smith speaking"
"Uh yes agent Smith my competitor is selling something and making money...and its hurting my business. I understand your job is to protect American business"
"Sir is he violating your intellectual property?"
"Intellectual Property?"
"Yes sir, trademarks or patents?"
"Patent? Uh yes, sure that's the ticket. Yeah he must be violating my patent."
"Very well sir we will send an agent over immediately and make him stop."

Based on this logic "our agency's responsible for...protecting the integrity of the economy" does this mean the RIAA can unleash the Homeland Security agent on kids downloading songs on the Internet. Like I said potential abuse of power.
Stand up for your rights.