In the suit, AFL contended that SurplusEQ.com sold Fujikura fusion splicers that were modified from the original design, thus providing splicers that were materially different, causing confusion to customers. The court concluded, “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.”
“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,” said 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.”
A court-approved permanent injunction has been served on SurplusEQ.com and its owner, Daniel Parsons. The judgment prohibits SurplusEQ.com and Parsons from selling any new Fujikura fusion splicers, as well as those that are not properly licensed and verified for the North American territory. Additionally, SurplusEQ.com agreed to pay AFL a “significant financial sum to compensate AFL”.