


First Solar, the largest U.S.-based solar manufacturer, accused a competitor of purchasing and then illegally reselling as its own solar panels that were made by First Solar in one of its foreign manufacturing facilities.
First Solar, which pioneered thin film, cadmium telluride-based solar modules, accused Toledo Solar of violating federal trademark and state laws after one of the former's employees discovered boxes of solar panels marketed as “made in the USA” and manufactured by Toledo Solar at the Ohio governor's mansion when the employee was there to disassemble a two-decade-old First Solar installation, according to a complaint filed in federal court Wednesday.
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The company alleged the modules were manufactured in 2018 at its Malaysia manufacturing facility and still contained original serial numbers, proving their origin as First Solar modules that were acquired by Toledo Solar and then rebranded and sold as its own.
First Solar requested a trial to determine damages, as well as an injunction to prohibit Toledo Solar from marketing and selling modules that it didn't manufacture.
The lawsuit comes at a time of rapid growth and competition in the domestic solar industry, driven by increasing commitments among utilities and businesses to reduce their greenhouse gas emissions, as well as enhanced subsidies for manufacturing and clean power provided in the Inflation Reduction Act, the green energy and healthcare spending bill Congress passed in August.
U.S.-made products command a special premium, as new tax credits in the Inflation Reduction Act preference domestically made products.
The United States has little domestic solar manufacturing capacity, something lawmakers want to rectify by luring companies to build facilities at home.
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First Solar and Toledo Solar use cadmium telluride, an alternative to the more common polysilicon-based solar panel technology.
Toledo Solar did not respond to a request for comment.