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China’s YDT Technology Co., Ltd
Now Banned from Importing Brother Toner Into the US.
The U.S. Customs and Border Protection (CBP) has ruled that YDT Technology Co., Ltd. (YDT), a Chinese manufacturer of compatible toner cartridges, cannot import its products into the U.S. because they violate Brother’s GEO (General Exclusion Order). The GEO, issued by the U.S. International Trade Commission (ITC) in 2019, prohibits the importation of toner cartridges that infringe Brother’s patents.According to the CBP ruling, YDT’s compatible TN toner cartridges for Brother are covered by the GEO and are subject to seizure and forfeiture. The ruling also states that YDT has not demonstrated that its products are redesigned to avoid infringement or that they have obtained a consent order from Brother.
The ruling is a setback for YDT, which claims to be one of the leading suppliers of compatible toner cartridges in the global market. The company has been exporting its products to more than 60 countries and regions, including the U.S., Europe, and Asia. YDT also boasts of having its own R&D team and patent portfolio.
However, the ruling is a victory for Brother, which has been aggressively enforcing its GEO against infringing importers and distributors. Brother has also filed lawsuits against several companies that allegedly violated its GEO, seeking injunctions, damages, and attorneys’ fees.
The GEO is a powerful tool for printer OEMs to protect their intellectual property rights and market share from unauthorized competition. It is also a challenge for compatible cartridge makers to develop non-infringing solutions that can pass the CBP scrutiny and meet the customer demand.
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