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Canon’s fight against infringement of Canon’s trademark rights through impermissible imports into the European Economic Area (EEA).

Dear Sirs,

The purpose of this notice is to bring to your attention Canon's initiative which is taken in order to protect its brand and business. This initiatives relates to Canon’s fight against infringement of Canon’s trademark rights through impermissible imports into the European Economic Area (EEA).

According to the current case law of the European Court of Justice, goods originally put on the market by the brand owner outside the EEA and then imported into the EEA by the original buyer or a subsequent trader infringe the rights of a trademark owner in Europe unless the trademark owner has unequivocally consented to the importation of the goods into the EEA (established in the case Silhouette International, July 1998, and confirmed in the joined cases of Zino Davidoff v. A & G Imports andLevi Strauss v. Tesco and Costco, November 2001).

In other words, genuine Canon products with the Canon brand originally sold by Canon outside the EEA ("Non-EEA Canon products") and then imported into the EEA for onward sale without Canon’s consent infringe Canon’s trademark in the EEA, and Canon may use its trademark rights to prevent such products being placed on the market in the EEA.

This notice confirms that Canon does not give its consent to imports into the EEA of Non-EEA Canon products.

Dealers and any other traders who will market the Non-EEA Canon products within the EEA will run the risk of trademark infringement when they import into and resell in any EEA country Non-EEA Canon products. Such a trademark infringement could entail serious legal consequences for such dealers and/or traders, such as injunctions, seizure of goods and claims for damages, similar to the consequences resulting from dealing in counterfeit goods.

End-users should also be aware that Canon does not consent to the importation of the Non-EEA Canon products into the EEA. Accordingly, Canon reserves the right to refuse repairs of, or service to, Non-EEA Canon products.

If you have encountered any doubtful products bearing the Canon trademark, or if you have any questions regarding the above issues, please contact Canon or your dealers immediately. Canon appreciates your continued co-operation in this matter.

Yours sincerely,

Canon Europa N.V.

 

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