IBM is suing an
online retailer for trademark infringement, deceptive trade practices, false
advertising and unfair competition.
Big Blue said that it first became aware of the problem when a customer in
Ohio bought a ThinkPad laptop battery from
Shentech.
An overheating problem caused the laptop to catch fire, and an examination by
IBM revealed that the battery was a fake.
IBM then ordered 12 other ThinkPad batteries from the website which it also
claims were fake.
The firm filed suit against the web retailer in the US District Court for the
Northern District of Ohio on 20 November.
IBM is asking the court to force Shentech to hand over all the fakes to be
destroyed, surrender any profits made from their sales and award treble damages
or $1m "per counterfeit mark per type of item sold".
An allegation posted on the
Reseller
Ratings website makes the same claim about an IBM laptop battery.
"I ordered what I thought was a genuine
Lenovo
replacement battery. It turned out to be counterfeit," online poster 'Esquire07'
alleged on the site.
"It had all the right stickers that said it was made by IBM except for the
serial number. My computer immediately detected that it was not genuine."
A number of buyers on the same ratings site have also made allegations that
other big name brand products sold by Shentech were fake.
"Bought a
Toshiba
laptop battery that died in 3 mos. It seemed suspicious when it didn't fit quite
the same. Counterfeit. Beware!" wrote 'Painlus'.
"Merchant sold me a counterfeit
Sony 4gb PRO Duo
memory card," said 'ocwvrdr'.
"Sold me a counterfeit
SanDisk
Extreme II card," said 'Wombat77'.
Shentech was contacted for comment but has yet to respond.
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