AFL wins preliminary injunction against gray market fusion splicer sellers
Ruling supports AFL's case citing violation of trademark, unfair competition, and false advertising by unauthorized sale of Fujikura's fusion splicers.
The United States District Court for the District of Arizona issued a Preliminary Injunction on October 5, 2011, in AFL's case against Fiberoptic Hardware, LLC. The case, filed on May 31, 2011, provided evidence that Fiberoptic Hardware committed various acts of unfair competition including false advertising in Fiberoptic Hardware's unauthorized sale of "gray market" Fujikura fusion splicers.
The Injunction prohibits "Defendant Fiberoptic Hardware, LLC and its officers, agents, servants, employees, and attorneys, and other persons who are in active concert or participation with them" from "[i]mporting, exporting, manufacturing, producing, distributing, circulating, selling, offering for sale, advertising, promoting or displaying any fusion splicer bearing any of the FUJIKURA marks... unless it can demonstrate that such fusion splicer has been manufactured and licensed for sale and use in the United States," and from "importing, exporting, distributing, circulating, selling, offering for sale, advertising, promoting or displaying any fusion splicer bearing any of the FUJIKURA Marks, where such fusion splicer has been materially altered or modified..."
Related Story:AFL suing two gray-market sellers of fusion splicers
This complaint is one of the most recent actions in AFL's aggressive position to defend the solid reputation of its fusion splicer product line in the industry against companies who continue to violate Fujikura's trademarks and copyrights. In addition to this case against Fiberoptic Hardware, AFL is currently pursuing a similar outcome in its case against SurplusEQ.com Inc.
"AFL markets and services the Fujikura fusion splicer product line in North America," commented Stephen Althoff, EVP of Equipment Sales for AFL. "These products are without question the most respected and reliable in the world. Too many unsuspecting customers are being duped into thinking they're buying genuine Fujikura products from companies like Fiberoptic Hardware, and in many cases the facts are that they are not."