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Epson targets aftermarket supplier in new IP battle

December 6, 2024

Epson intensifies legal defence, targeting aftermarket supplier Burkwitz over alleged printer cartridge infringements.

Seiko Epson Corporation has launched a fresh legal challenge against California-based Burkwitz Solutions, Inc., and its principals Armen Sargsyan and Simon Mikail, alleging patent and trademark infringement. The lawsuit, filed in the Central District of California, accuses the defendants of violating Epson’s intellectual property by selling aftermarket ink cartridges and bottles falsely branded as Epson products.

The Japanese technology giant claims that Burkwitz Solutions infringed on two of its key patents, U.S. Patent Nos. 8,794,749 and 8,454,116, which cover proprietary ink cartridge technology. The case also centres on alleged misuse of Epson’s registered trademarks, including its well-known “252” and “502” branding, which the company asserts were deployed to mislead consumers and create market confusion.

Epson has requested damages, along with preliminary and permanent injunctions, to halt the sale of the allegedly infringing products. In a strongly worded complaint, Epson described the defendants as “wilful infringers,” pointing to its history of enforcement actions, including two General Exclusion Orders (GEOs) issued by the U.S. International Trade Commission. These orders prohibit the importation of products infringing certain Epson patents—a prohibition the company alleges the defendants ignored.

Epson’s legal campaign reflects its strategy of aggressively defending its intellectual property amid growing competition in the lucrative printing supplies market. The company has a track record of high-profile enforcement actions, notably its 2023 lawsuits against five aftermarket suppliers, including Creek Manufacturing LLC and Planet Green Cartridges, for similar allegations. These cases also invoked the ITC’s GEOs, which have become a critical tool for Epson in controlling the influx of non-compliant products into the U.S. market.

The current lawsuit comes at a time when Epson is also battling counterfeiters and non-compliant imports across global markets. In October 2023, the company sued Weston Tees LLC for infringing on large-format printer technology, a case that followed years of complaints about unauthorised use of its proprietary systems.

For Burkwitz Solutions, this lawsuit raises the stakes in a market already under scrutiny for its practices. The company is accused of marketing its infringing products on popular platforms such as Amazon, Walmart, and eBay through its “InkjetsClub” storefront. Epson alleges that these products were “designed to deceive consumers,” with packaging that closely mimics Epson’s branding.

As the case unfolds, it will be closely watched as a bellwether for the ongoing tension between OEMs and aftermarket suppliers. With billions at stake in the global printing market, the courtroom remains a critical battleground for Epson and its rivals.

Categories : Around the Industry

Tags : Burkwitz Epson IP Lawsuit Legal Patent infringement

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