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ML Products Faces Legal Hurdles in Its Fight Against China’s V4INK and Garmy Trading.
ML Products, a California-based seller of printer cartridges, is facing legal challenges in its attempt to sue V4INK and Garmy Trading, two Chinese companies that sell third-party cartridges on the Amazon marketplace. ML Products accuses them of using unfair and unlawful tactics, such as fake reviews, algorithm manipulation, and trademark infringement, to gain an advantage over its products. However, V4INK and Garmy Trading have moved to quash the service of the summons and complaint, arguing that they were not properly notified of the lawsuit, and that the court has no jurisdiction over them.
The lawsuit, filed in November 2023 in the U.S. District Court for the Central District of California, is the latest in a series of legal actions taken by ML Products against online cartridge sellers. ML Products claims that these sellers are harming its business and reputation by offering low-cost and low-quality cartridges that do not meet the standards and specifications of the original equipment manufacturers (OEMs). ML Products also alleges that these sellers are violating various federal and state laws, such as the Lanham Act, the California Deceptive and Unfair Trade Practices Act, and the California Consumer Protection Act.
V4INK and Garmy Trading, however, have challenged the validity of the lawsuit, and have asked the court to dismiss the case against them. They claim that they are based in China, and that ML Products did not follow the rules for serving foreign corporations under the Hague Convention, an international treaty that governs the service of legal documents across borders. They also contend that they have no connection to California, and that the court lacks personal jurisdiction over them.
This is not the first time that V4INK has used this strategy to avoid litigation. In 2021, V4INK successfully moved to quash the service of a similar complaint filed by ML Products, alleging that it was not properly served under the Hague Convention. ML Products then refiled the case in 2023, adding Garmy Trading and Relly Trading, another Chinese company, as co-defendants. Relly Trading has not yet responded to the lawsuit.
ML Products has also sued other online cartridge sellers, such as Aster Graphics, Ninestar Technology, and Billiontree Technology, over the same issues. The article suggests that ML Products is trying to protect its market share and reputation from the competition of low-cost and low-quality cartridges sold online.
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