Canon USA have recently won a lawsuit against two eBay users who were flogging counterfeit Cannon batteries on the marketplace. Canon raised the issue in October 2019 stating that the sellers were using its trademark and therefor misleading the public into buying dangerous counterfeits that they thought were authentic. On December 12, 2019 Canon announced the victory through a press release also detailing their aim to protect consumers from unsafe products.
“Canon U.S.A., Inc. and its parent company, Canon Inc. of Japan, are pleased to announce that the companies have won a lawsuit involving the unauthorized and infringing use of the Canon trademarks and the illegal sale of counterfeit “Canon” merchandise against two defendants in the U.S. District Court for the Eastern District of Pennsylvania. Judge C. Darnell Jones II entered a Final Consent Judgment on December 12, 2019 prohibiting the defendants from infringing and counterfeiting the valuable Canon trademarks. As part of the resolution, the defendants also paid a significant amount of money to Canon for their unlawful activities.”
The legal action against Joey Fang and Kyung “Kay” Kwak resulted from Canon’s investigation into the defendants’ distribution of counterfeit Canon camera batteries on eBay, and is part of Canon’s ongoing efforts to protect Canon consumers’ health and safety from counterfeit products. The complaint, which was filed on October 16, 2019, alleged that defendants’ unfair competition and misuse of the Canon trademarks to mislead the public as to the source and authenticity of the Canon trademarks could put Canon consumers’ safety at risk and damage Canon’s business and reputation. The Canon companies are represented by Mark Schonfeld of Burns & Levinson LLP of Boston, MA and Teri M. Sherman of Klehr Harrison Harvey Branzburg LLP of Philadelphia, PA.
The affects of counterfeits
There are many issues caused by the selling of counterfeits. Consumers could end up in peril and with anything fake there is likely to be a lack of performance. It’s not just consumers who suffer but also sellers left battling against unfair competition from counterfeits being offered online at a cheaper prices to lure people in. Hopefully Canon’s case will help deter the likes of dodgy sellers & illegal goods and prompt other big brands to take action making eBay and other online marketplaces safer and fairer environments for consumers and genuine merchants.