Legal & Technological Impediments—How to Win

Fresh from the Imaging Supplies Coalition (ISC) conference in San Diego, California, Tricia Judge (pictured), reported counterfeiting costs the imaging industry US$3 billion in lost legitimate sales—every year.

The ISC was awarded the Anti-Counterfeiting Award at the Annual RT Imaging Global Awards in Zhuhai on October 12. It is a coalition of OEMs that are fighting the illegal trade that has captured between 3.5 to 4% of the market. The Aftermarket has been welcomed to join the fight along with the OEMs.

Judge, from the International Imaging Technology Council (Int’l ITC), shared her opinions on counterfeit issues, as well as the legal issues between OEMs and the Aftermarket at the RemaxWorld Summit 2016. She pointed out counterfeit cartridges look just like OEM cartridges, and are represented as new OEM cartridges. Also, According to Judge, the Imaging Supplies Coalition (ISC) and Int’l ITC are conducting joint investigations into the counterfeits.

Regarding the latest legal issues, Judge believes that the First Sale Doctrine is still creating barriers against the use of cartridges after they have been sold. Judge is licensed to practice before the U.S. Supreme Court. Therefore, the Int’l ITC Supported Static Control and Impression Products in their cases against Lexmark’s prebate. The Council filed U.S. Supreme Court amicus briefs in Quanta, Kirtsaeng, Bowman and Independent Ink cases. The Int’l ITC is now also supporting Impression Products’ appeal to the US Supreme Court on first sale doctrine.

Judge declared the Int’l ITC helps to build the imaging industry. The Council aims to defend the industry from counterfeit, OEM and other competitive attacks, to educate consumers they have a choice and as to the benefits of Aftermarket products. “Education is important also for our members to ensure they deliver best practices, such as the STMC standard, and to enhance our member’ businesses.”

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