U.S. ITC Begins Section 337 Investigation into Brother Toner Cartridges

Last month, Brother International announced that it had filed a complaint with the U.S. International Trade Commission (ITC) regarding unauthorized clone toner cartridges. The move came as a bit of a surprise, as Brother has so far not been aggressive in pursuing sellers of clone toner cartridges designed for use in Brother printers and All-in-Ones/MFPs.

This month, however, acting upon that complaint, the ITC announced that it had begun the investigation under section 337 of the U.S. Tariff Act of 1930 on behalf of Brother Industries of Japan, Brother International (U.S.A.), and Brother Industries (U.S.A.).

Brother’s complaint alleges that the clone toner cartridges infringe on its various patents, and the company is seeking a general exclusion order from the ITC that would prevent the sale of the cartridges.

The ITC identified the following 32 companies as respondents in this investigation:

  • AMI Brothers, Inc., of San Bruno, CA;
  • An An Beauty Limited of Kowloon, Hong Kong;
  • Aster Graphics, Inc., of Riverside, CA;
  • Aztech Enterprises Limited of Kowloon, Hong Kong;
  • Billiontree Technology USA Inc. of City of Industry, CA;
  • Carlos Imaging Supplies, Inc., of Hacienda Heights, CA;
  • Cartridge Evolution, Inc., of Brooklyn, NY;
  • Do it Wiser, LLC, of Wilmington, DE;
  • Eco Imaging Inc. of Irvine, CA;
  • Ecoolsmart Co. of Rowland Heights, CA;
  • EPrinter Solution LLC of Pomona, CA;
  • E-Z Ink Inc. of Brooklyn, NY;
  • Globest Trading Inc. of Ontario, CA;
  • Greencycle Tech, Inc., of South El Monte, CA;
  • Hongkong Boze Co., Ltd., of Kowloon, Hong Kong;
  • I8 International, Inc., of City of Industry, CA;
  • IFree E-Commerce Co. of Kowloon, Hong Kong;
  • Ikong E-Commerce of Walnut, CA;
  • Intercon International Corp of Brea, CA;
  • IPrint Enterprise Limited of Kowloon, Hong Kong;
  • LD Products, Inc., of Kowloon, Hong Kong;
  • Linkyo Corp. of La Puente, CA;
  • Mangoket LLC of Alhambra, CA;
  • New Era Image LLC of Corona, CA;
  • OW Supplies Corp. of Corona, CA;
  • Solong E-Commerce Co., LLC, of Wan Chai, Hong Kong;
  • Smartjet E-Commerce Co., LLC, of Wan Chai, Hong Kong;
  • Super Warehouse Inc. of Blaine, WA;
  • Theresa Meng of Brooklyn, NY;
  • Triple Best LLC of San Diego, CA;
  • V4ink, Inc., of Diamond Bar, CA; and
  • Zhuhai Xiaohui E-Commerce Co., Ltd., of Xiangzhou District, Zhuhai, China

The ITC said it will make a final determination in the investigation at the earliest time possible, and has set a target date of 45 days completing the investigation.

More Resources

August 2019: Brother Petitions U.S. Int’l Trade Commission to Ban Copycat Toner Cartridges

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