Image used with permission from copyright holder Polaroid may have returned to its instant film roots as recently as September, but the company will soon be heading to court to keep the iconic instant square prints exclusive to the brand. The dispute between the two companies has been going on since January, so Polaroid and Fujifilm will soon be in court to determine whether the Fujifilm Instax Square infringes on Polaroid’s trademark.
The issue became a formal court matter when Fujifilm sought relief from the US District Court, filing a formal lawsuit in the Southern District of New York last week. The two companies have yet to appear in court.
Fujifilm launched the square format film earlier in 2017, much to the delight of Instax fans. But Polaroid sent the company a letter soon after saying that their film was a Polaroid trademark. When nothing changed, Polaroid threatened Fujifilm with a lawsuit asking the company to remove the square film from the market. A third letter in June demanded payment of royalties while the film was still on the market.
While Polaroid filed the first complaint, Fujifilm was the company that finally legalized it, filing an official complaint. According to court documents, Fujifilm said that after being “unable to return to profitability through product sales,” Polaroid is “now seeking to generate revenue from what remains of the Polaroid IP portfolio.” According to Fujifilm, the Instax Square does not infringe on Polaroid’s trademarks.
Fujifilm first announced the upcoming launch of square instant film in September, slowly releasing more details until it launched the film alongside a new camera designed for the format, the Fujifilm SQ10, in early 2017.
When Fujifilm released instant square film—and when Polaroid sent the first letter—the company wasn’t producing the iconic square film after ceasing film production in 2008. The Impossible Project bought out its last factory to sell instant film alongside its refurbished vintage Polaroids. The Impossible Project then became the majority shareholder of Polaroid, and the Impossible Project became Polaroid Originals. Now Polaroid Originals is making instant film, along with the company’s first new (not refurbished) instant camera in years, the Polaroid OneStep 2.
While Polaroid was the first for that iconic instant film, Fujifilm created a niche market in instant film as Polaroid went out of business to design digital cameras with built-in printers and sell licensing rights for products like drones. In 2016, Fujifilm’s instant cameras outsold their more expensive digital cameras by almost four times.
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Source: newstars.edu.vn