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BANGOR – The Canon camera company, concerned that its copyrighted trademarks have been co-opted by counterfeiters, is accusing two Canaan men of selling fake Canon batteries.
Canon USA Inc. has filed suit against Canaan residents Scott Davis and Brian Dickerson in U.S. District Court in Bangor.
In a 13-page complaint filed in court last month, the company accuses the men of violating federal copyright laws by putting registered Canon logos on knock-off camcorder and camera batteries and packaging. The lithium-ion batteries have been sold on the Internet through eBay and Pricegrabber.com, the complaint indicates.
Canon claims it never granted the pair permission to use the copyrighted symbols. It asks that the court award the company triple damages for the gross profits of the duo’s allegedly illegal scheme or, alternatively, that Canon be awarded $1 million for each type of product sold by the men that bears a counterfeit Canon logo.
“Canon has no adequate remedy at law and is suffering irreparable harm,” the complaint indicates.
Anthony Pellegrini, a Bangor attorney who represents Dickerson and Davis, said Wednesday that his clients have not yet filed a response with the court because they and Canon have agreed to work in private toward a resolution of the dispute.
“At this point, I would not consider this to be litigation in process,” Pellegrini said.
He declined further comment about the case.
Two photographs of the allegedly counterfeit batteries are included as exhibits in the filings in federal court. Each photograph depicts two apparently identical packaged batteries placed side by side, one indicated as being genuine and the other as counterfeit. The types of batteries shown in the photographs are NB-3L and NB-2LH.
Attempts Wednesday and Thursday to contact attorneys representing Canon in the matter were unsuccessful.
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