Get It Digital LLC Responds to Canon USA

[Canon Rumors]

<p>Get It Digital LLC has responded with it’s Answer to Canon USA’s lawsuit, and have esentially denied all alleged wrongdoing in Canon’s complaint.</p>
<p>Photography Bay has continued their thorough breakdown of the legal documents. Get It Digital LLC is using 3 defenses to Canon USA’s allegations.</p>
<ul>
<li>First Sale Doctrine
<ul>
<li>Citing the First Sale Doctrine</li>
</ul>
</li>
<li>Laches
<ul>
<li>Laches is a trusty common law defense, which Get It Digital is attempting to invoke as a second layer defense</li>
</ul>
</li>
<li>Acquiescence/Estoppel
<ul>
<li>Similar to laches, estoppel is another old common law defense.</li>
</ul>
</li>
</ul>
<p>It’s nice to see Get It Digital LLC is going to fight Canon USA’s allegations, as we do not support MAP in any form and welcome competition in pricing from all retailers.</p>
<p>You can <a href="http://www.photographybay.com/2015/12/14/canon-v-gray-market-retailers-get-it-digital-responds/" target="_blank">read the full report at Photography Bay</a>.</p>
<p><em>image credit // Photography Bay</em></p>

 

[Mt Spokane Photography]

I really think that Canon is trying to bury them with lots of expensive litigation. However, a couple of Canon's claims have merit, the fake nameplate found on some cameras, for example.

The first sale doctrine has been successfully used for gray market lawsuits, but, since it was not a Supreme Court case, the resolution does not apply in New York.