Cisco Wins TRO Targeting Counterfeit Chinese Transceivers
U.S. District Judge Edward Davila set an Aug. 13 hearing while ordering three companies' bank accounts frozen and instructing ISPs to delist any advertisements of the Cisco-marked products.
July 21, 2020 at 07:32 AM
2 minute read
U.S. District Judge Edward Davila of San Jose has issued a wide-ranging temporary restraining order aimed at blocking counterfeit Cisco Systems Inc. transceivers that the company warned could put the U.S. military and hospitals at risk of data breaches.
Davila ordered the seizure of counterfeit transceivers—devices that transmit and receive data in public and private networks—sold by Shenzhen Usource Technology Co., Shenzhen Warex Technologies Co. and Warex Technology Ltd. Davila also ordered the companies' bank accounts frozen and that internet service providers, including Google and Baidu, delist any advertisements of Cisco-marked products.
The order comes just four days after Cisco filed its complaint in the case, following an operation in which unnamed Cisco consultants purchased Cisco-marked transceivers online, tested them and found them to be counterfeit.
"The present action involves blatant unauthorized use of the CISCO Marks by Defendants, in their advertising for transceivers and sometimes on the transceivers themselves, and Defendants are based in China and use third-party eCommerce online platforms like Alibaba to market and sell their non-genuine Cisco products into the U.S.," Davila wrote. "It is not only likely that Defendants can and will dissipate their assets during the pendency of this case if given the opportunity to do so, but it is also difficult if not impossible to enforce U.S. judgments in China."
Davila issued the order ex parte. He set an Aug. 13 hearing on Cisco's motion for a preliminary injunction.
Cisco's Bartko Zankel Bunzel & Miller counsel had alleged the defendants are using pandemic-induced production delays to peddle inauthentic transceivers bearing Cisco's distinctive trademark.
"Not only does this result in innocent customers receiving something fake that they believe to be genuine, but it also exposes sensitive patient, military, and government information to potential breaches, or worse, puts people in physical danger," Cisco had alleged in its complaint.
Patrick Ryan, Stephen Steinberg and Gabriella Wilkins headlined Bartko Zankel's team.
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