September 18, 2013
The out-of-court resolution was said by Canon to concern AllCopy’s “alleged patent infringement, trademark infringement, copyright infringement and passing off concerning certain toner bottle products sold for use in Canon copy machines”.
As a result of the case’s resolution, AllCopy has now agreed to cease “now and for the future the manufacturing, importing, disposing, offering, using or keeping” of any of the toner bottle products that infringe Canon’s patents “in issue in the dispute”. The product numbers include:
AllCopy has also agreed that “it will not in the future infringe Canon’s trademark and copyright in issue in the dispute or pass off themselves or their products as being associated with Canon, including in relation to the toner bottle products referred to” in the list above, as well as the ACP-IRC2880-Magenta, ACP-IRC2880-Black, ACP-IRC2880-Cyan and ACP-IRC2880-Yellow.
AllCopy stated that it “is pleased to confirm the settlement of the intellectual property dispute with Canon regarding the sale of certain products supplied to us by a world leading supplier in Asia”.
Mark Currie, a Director of AllCopy, added: “Prior to selling the products in question we took all the appropriate advice guidance. When Canon first contacted us our supplier was adamant that the products supplied to us were non-infringing. Subsequent legal advice from top patent lawyers in London advised us it would not be commercially viable for us, as a small business, to defend the claims by Canon as it was not clear cut which way a patent judge might rule.
“We are now taking action to ensure there is no confusion with regard to any possible future claims, including changing our name to AllCopy Compatible Toner Ltd., which only offers the products in question as recycled options. These changes have the full support of our customers.
“Nick Holmes, Managing Director of AllCopy, suggests that if clients continue to use these products, that they get a written guarantee from their supplier, that they will cover all costs and damages if Canon were to pursue them.
“AllCopy respects all intellectual property rights and would never knowingly infringe another company’s patent.”
Categories : World Focus