Pelikan, a German based company, has been ordered to cease and desist labeling a specific series of inkjet cartridges as “remanufactured”. The inkjet cartridges being sold by Pelikan were not remanufactured; rather, they were brand new. HP, objecting to the misleading packaging of the inkjet cartridges, filed suit against the German company under the statute of unfair competition.
Last year, HP discovered that Pelikan was marketing and selling new inkjet cartridges in packages that claimed the items were remanufactured products. Remanufactured indicates that the items were once used, its materials recycled and refurbished. HP requested that Pelikan voluntarily cease packaging their products in this way. Pelikan refused.
HP filed the lawsuit last summer after Pelikan refused to stop producing advertising that could easily be misunderstood by consumers. The virgin inkjet cartridges were being marketed and sold under the Pelikan brand, catalogued as H06 and H08 colour cartridges.
The hearing was held in the Cologne Regional Court, Germany, where the court agreed that Pelikan’s labeling was misleading and ruled in favor of HP.
This is not the first run in Pelikan has had with HP. In Germany in 2007, the same inkjet cartridges were the cause of a patent infringement lawsuit brought against Pelikan by HP. The case was heard in August at the Düsseldorf Regional Court in Germany. The judge ordered Pelikan to cease and desist importing and distributing the inkjet cartridges after officials at Pelikan admitted to patent infringement.
To learn more, go to HP.com
Source: Recharger Magazine
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