Counterfeit Cartridges Seized in Spain

An Indian citizen was found guilty of patent infringement for importing into Spain, 26,545 ink and toner cartridges bearing the brand of a prestigious multinational IT company.

According to the Valencia Court of Appeals, a frequent phenomenon has merged in the digital printing field: counterfeiters using empty, genuine branded cartridges, repackaging them and selling them as if they were original products. The Court declared that the brand of the cartridges is identified on the boxes, and that recycled cartridges are used to create the appearance of the original product. The defendant sought to mislead consumers into believing that this was a branded product.

With respect to the quality of the ink and toner used to refill the cartridges, the Court claims that it does not matter whether or not these have been analyzed. The Court deemed it sufficient that the imitation has been manufactured without the trademark holder’s authorization, and that it “reproduces, modifies or otherwise uses an identical or confusingly similar distinctive sign.”

The Court disclosed that the goods were imported into the country via the Port of Valencia through a company that the defendant had incorporated in Spain.