*NEWS*TOSHIBA TO PROSECUTE TONER TRADEMARK INFRINGERS

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*NEWS*TOSHIBA TO PROSECUTE TONER TRADEMARK INFRINGERS

 user 2008-05-05 at 4:49:23 pm Views: 64
  • #19808

    Toshiba to prosecute toner trademark infringers
    http://www.dailymirror.lk/DM_BLOG/Sections/frmNewsDetailView.aspx?ARTID=12919
    Toshiba Singapore Ltd has geared up to taking to task those selling counterfeit items under their trademark.“In recent years there have been many counterfeit toners bearing the Toshiba trademark that bring out poor quality finished paper prints sold to customers”, Toshiba Singapore Electronic Imaging Department International Operations Senior Manager Jun Kanamori said at a press conference held recently. When these products are sold naturally the complaints that are made by the customers come directly to the Toshiba Group.“We will take legal actions to the importer who is bringing down these products”,   Toshiba Singapore Electronic Imaging Department International Operations Country Manager Christopher Lee added. One would know it is counterfeit when you take a photocopy you get smudges here and there as well the words may come out foggy. The possible hazards that you could experience with a real Toshiba product is that it is subjected to a stringent test and in counterfeit there is no such thing and in physical hazards the toner is not flammable.“We are focusing on the area of trademark and the trademark should be registered under the Intellectual Copyright”, Toshiba Legal Representative Jeevantha Jayatilake stated.

    Toshiba which is registered in Sri Lanka receives protection under the Intellectual property Act No.13 of 2003.it preclude all third parties from using the mark in whatever form unless and they get permission from the registered owner. Through investigations that take place if a person is suspected of selling counterfeit toners then they owners can get a search warrant and if he is found guilty, then there will be a court case and he will be punished with a fine or sentence to jail for some years. But most of the time 90% of the people come and admit their fault and some sort of agreement legally will be passed on with the accused and the registered company. Any third party who infringes the registered owner’s rights by forging the mark and using a mark similar to the registered mark and using the mark in any way which is detrimental to the interests of the registered owner commits an offence in terms of sections 184 and 186 of the Intellectual Property Act. Toshiba has filed three actions in the Colombo Magistrate Court and one in the Maligakanda Magistrate Court under the Intellectual Property Act. Search warrants were thereafter obtained from court and the relevant locations were raided. This resulted in seizing a large quantity of counterfeit Toners and Toner powder bags which were produced in court. Two of the cases that were reported and concluded found the accused traders guilty to the charges and paying Toshiba company monetary compensation.“We are here to educate Sri Lanka about the Copyright acts”, John Keells Holdings Executive Vice President and IT Sector Head Sujiva Dewaraja added. Toshiba controls about 35% of the marketshare in photocopy machinery. Toshiba is a registered trademark in Sri Lanka and worldwide and it is a leading name on photocopy machinery and other consumer items.