Recently, The NOCO Company (hereinafter referred to as "NOCO"), a major American jump starter brand, filed an application with the U.S. International Trade Commission pursuant to Section 337 of the U.S. Tariff Act of 1930, claiming that certain portable battery jump starters and components thereof exported to, imported into, and sold in the United States infringe its patent rights. According to the Ministry of Commerce website, on January 21, 2021, the U.S. International Trade Commission (ITC) decided to launch a 337 investigation into certain electrical connectors and cage assemblies and their products . In the list published by NOCO, Chinese companies accounted for more than 90% of the companies investigated . Among them, there are several top sellers in the cross-border e-commerce circle, such as ANKER . In addition, it also includes companies in the United States, Russia, India, Vietnam and other countries. If this request is finally determined by the ITC, many Chinese sellers will be faced with a limited exclusion order and a prohibition order , which means that the relevant products of the above-mentioned companies will no longer be sold in the US market! This is a fatal blow to many Chinese sellers! The NOCO Company was founded in 1914 and is located in Ohio, USA. It is a world-renowned battery and electrical appliance manufacturer. It mainly designs, produces and sells various battery chargers, portable power devices, battery products and accessories. It has 46 US patents, most of which are related to automotive emergency starting power supplies and accessories. NOCO's sales channels cover self-operated websites, Amazon and other e-commerce website platforms, and are sold to the United States, Canada, Europe, Asia and other regions. According to previous information, this is not the first time that NOCO has filed a Section 337 lawsuit in the United States. In the past three years, NOCO has attacked Chinese sellers almost every year . Frequent rights protection has also made the company appear in many media headlines and gained brand attention. In January 2020, NOCO filed a lawsuit in the Cleveland Federal Court, suing 11 companies, most of which were from China, including a well-known Shenzhen seller, and two companies located in California and Colorado. In the lawsuit, NOCO mentioned that the company being sued sold inferior NOCO products and took advantage of the Amazon platform system to increase NOCO's advertising costs by posting false negative reviews and ratings and hiring people to click on ads , which seriously affected NOCO's business on Amazon and caused the company to suffer heavy losses. NOCO also sued another Amazon super seller for patent infringement on four models of power supply products . The seller entrusted an agent lawyer to negotiate and finally reached a settlement intention with a settlement fee of about US$108,000. Now, NOCO has launched a larger investigation application, pointing to more Chinese sellers, believing that they have infringed its patent rights. The sellers under investigation need to actively respond to the lawsuit. In recent years, such 337 investigations have occurred frequently. Chinese sellers entering overseas markets need to pay attention to intellectual property rights such as trademarks and patents, and register in advance to avoid such risks. They also need to be familiar with overseas laws, do a good job of localized operations, and protect their legitimate rights and interests. |
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