AFL, a company wholly owned by Fujikura Ltd., is claiming victory in its lawsuit against SurplusEQ.com, Inc. regarding the sale of Fujikura fusion splicers in the U.S. Settlement of the lawsuit includes a court-ordered permanent injunction barring SurplusEQ.com and its owner, Daniel Parsons, from selling any new Fujikura fusion splicers and any new Fujikura fusion splicers not properly licensed and verified for North America.
The settlement also will see SurplusEQ paying AFL what the latter described in a press release as “a significant financial sum.”
The court action began in 2011 when AFL, which represents Fujikura in North America, filed suit against SurplusEQ.com and Fiberoptic Hardware LLC (see “AFL files infringement lawsuits against Fiberoptic Hardware, SurplusEQ.com”). The suit against the latter was settled in 2012 (see “AFL wins trademark lawsuit against Fiberoptic Hardware”). AFL alleged that SurplusEQ.com sold Fujikura fusion splicers modified and materially different from their original design, thus confusing customers.
The United States District Court agreed with AFL. “A permanent injunction serves the public interest in that it will prevent the confusion that results from the marketing and sale of unauthorized Fujikura fusion splicers that are materially different from those authorized for sale in the U.S., and will prevent the distribution of Fujikura fusion splicers bearing modified software that may cause failures or other defects in the operation of the splicers. Such protection is the central goal of the Lanham (Trademark) Act,” the court concluded, according to the AFL press release.
“AFL is pleased with the outcome of this lawsuit and the positive message for our customers who use Fujikura fusion splicers and rely on them to conduct business on a daily basis,” commented Steve Althoff, executive vice president of AFL’s equipment division. “Fujikura fusion splicers are known for their exceptional performance and high quality, and when customers purchase this brand, they expect to get a product that is the same product that was shipped from Fujikura’s manufacturing plant. Unfortunately, this was not happening. As the exclusive provider of Fujikura fusion splicers in North America, AFL will continue to protect both Fujikura’s and our customer’s interests to the fullest extent.”