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Canon USA successfully stops a new method of importing counterfeit goods into the US: Digital Photography Review


Canon U.S.A., Inc., and Canon Inc. of Japan have announced that they have ‘successfully reached an agreement with one of China’s leading logistics and fulfillment companies in a dispute over the warehousing and shipping of counterfeit ‘Canon’ camera batteries into the United States for China-based sellers.’ As part of the agreement, the fulfillment and shipping company has agreed to stop distributing infringing products to customers in the United States. The new agreement is a huge step for Canon as it works to clamp down on counterfeit goods and protect its business operations.

While an ‘agreement’ may seem like a simple solution, it has been years in the making. During Canon’s ongoing investigation into counterfeiting, it uncovered a new shipping method that China-based sellers are using to skirt detection and regulations. Instead of shipping products directly from China to buyers in the US and Canada, the sellers have been shipping counterfeit goods in bulk to fulfillment warehouses in the US, which then ship infringing goods to customers.

‘After we discovered that China-based infringers were using this new shipment method to bring counterfeit Canon batteries into the United States, we started working on a creative strategy to remove these counterfeit products from the market. We were able to find an innovative solution by proceeding directly against the fulfillment/warehouser to halt the distribution of these fake goods in the United States,’ said Seymour Liebman, Executive Vice President, Chief Administrative Officer & General Counsel of Canon U.S.A., Inc. ‘We believe that we are the first intellectual property owner to successfully stop this new method of importation and distribution, and we hope other companies will follow our lead and utilize this novel approach to stopping counterfeiters.’

Canon writes, ‘The Canon companies are represented by Mark Schonfeld, a partner in the Boston office of Burns & Levinson LLP, who negotiated the settlement with the U.S.-based fulfillment company.’ Canon goes on that is continuing to pursue counterfeits in the United States and around the world to protect its customers from unsafe products that illegally use the Canon name. Of course, Canon also must protect its brand at large. After all, if someone buys a counterfeit product, believing it to be genuine, what will happen to their impression of Canon if the counterfeit product is shoddy?

Canon has been fighting against counterfeit batteries for a long time. Back in 2014, Canon USA published a video about counterfeit batteries, which you can see below.

Canon is generally an aggressive company when it comes to fighting against counterfeit products. Last year, Canon published a micro-site about its anti-counterfeit activities, including the ongoing fight against fake batteries, ink and toner cartridges. Canon’s fight against counterfeit goods is fought on three fronts, including market measures, like what Canon announced this week, border enforcement, and e-commerce measures.

Annonucement:

Canon U.S.A., Inc. Successfully Stops a New Method of Importing Counterfeit Goods Into the United States

MELVILLE, NY, February 9, 2022Canon U.S.A., Inc., and its parent company, Canon Inc. of Japan, are pleased to announce that they have successfully reached an agreement with one of China’s leading logistics and fulfillment companies in a dispute over the warehousing and shipping of counterfeit “Canon” camera batteries into the United States for China-based sellers. As part of the settlement, the fulfillment/shipping company agreed to cease distribution of infringing products to consumers in the United States.

Over the last two years, Canon’s investigation into counterfeiting uncovered a new shipping method that China-based sellers are using to bring their infringing goods into the United States. Instead of shipping the goods directly to consumers in the United States, China-based sellers are now sending their goods in bulk to large fulfillment warehouses that are located in the United States. These warehouses then ship the infringing goods to consumers in the United States. This new method not only enables China-based merchants to indirectly ship their counterfeit goods swiftly to American and Canadian consumers, but also makes it harder for branded manufacturers to track and prevent the flow of counterfeit goods.

“After we discovered that China-based infringers were using this new shipment method to bring counterfeit Canon batteries into the United States, we started working on a creative strategy to remove these counterfeit products from the market. We were able to find an innovative solution by proceeding directly against the fulfillment/warehouser to halt the distribution of these fake goods in the United States,” said Seymour Liebman, Executive Vice President, Chief Administrative Officer & General Counsel of Canon U.S.A., Inc. “We believe that we are the first intellectual property owner to successfully stop this new method of importation and distribution, and we hope other companies will follow our lead and utilize this novel approach to stopping counterfeiters.”

The Canon companies are represented by Mark Schonfeld, a partner in the Boston office of Burns & Levinson LLP, who negotiated the settlement with the U.S.-based fulfillment company.

Canon aggressively pursues counterfeiters in the United States and around the world to protect its customers from potentially unsafe products that unlawfully use the Canon name, as well as to protect the value, trusted reputation and loyalty that the Canon brand has acquired over decades in producing high quality, safe and reliable products.

For more information about Canon’s anti-counterfeiting measures, please visit https://global.canon/en/intellectual-property/anti-counterfeit/.


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