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Legal


Lexmark v. Static Control: Multifaceted Appellate Hearing All About Prebate

On March 6, Static Control’s and Lexmark’s lawyers were back in front of the same appellate court that overturned a Lexington judge’s ruling that heavily favored Lexmark. At the end of the day, Tricia Judge reported, only two issues were actually argued, and they were both issues raised by SCC in its appeal, leaving Lexmark’s claims unconsidered. Those issues were Static’s appeal of the lower court’s decision that its antitrust and unfair competition claims could not be sustained because Static Control does not directly compete with Lexmark, and the other issue was money. With a little luck, coupled with good legal preparation and representation, SCC might be in store for another tremendous victory. After investing $30 million in this 10-year litigation, it would be a well-deserved one.

A Day of Testimony at the US Int’l Trade Commission; Your Input Is Needed

Tricia Judge responded to an invitation to take part in a study on the remanufacturing industries in the United States by the USITC. Read what she had to say about the industry, why remanufacturing is important and how you can help.

Remanufacturing Industries the Subject of a Government Investigation

Tricia Judge looks at the U.S. International Trade Commission’s focus on trade problems that affect the industry. The USITC has launched a recent investigation into trade in remanufactured goods.

To Catch a Thief: The OEMs Are Taking Action, So Should the Aftermarket

The OEMS are taking a tough stance on patent-infringing products in a time that has seen more of these types of actions than ever before. Scores of industry players are still importing infringing products, and every dealer and distributor of infringing products is a potential target for a lawsuit. The folks who dabble or deal in these products are not good industry citizens; they are stealing customers and then misleading them. Misled customers often become confirmed OEM customers, because they never want to repeat a bad experience with a "compatible" cartridge. Report any suspicious products or misuse of the STMC logo to the Int'l ITC. Visit www.i-itc for more information.

HP’s Actions on Inkjet Result in General Exclusion Orders

In this column, Tricia Judge, attorney and executive director of the Int’l ITC, provides insight on industry legal issues.

Send Out the Clones

Within days of each other, two ITC members reported suspicious competing products that they had discovered in their respective states of California and Texas. Both involved brand-new products, but with differences in the packaging. Both were bought by previous customers at comparatively low prices, even to those offered by remanufacturers.

A Legal Look Back: Clones, Patents and Competition Make 2010 the Year of the Lawsuits

In 2010, the OEMs were impressively litigious, and that actually might be good news in some cases. All in all, 2010 was a banner year for the imaging supplies industry's legal teams.

Avoid Voided Warranties

The voided warranty issue is a common one in the printer marketplace, so it's important to know your rights. Here's how it goes: A customer requests service from the authorized dealer or salesperson, who discovers that the customer is using remanufactured or aftermarket (non-OEM) supplies, then tells the customer that using these supplies voids the printer warranty. But in the printer industry, it is rare that the customer has actually forfeited the right to buy outside supplies. Warranties can only be voided when the third-party product caused the damage to the printer.

Lexmark Loses Attempt for New Trial on All Counts

In this column, Tricia Judge, attorney and executive director of the Int’l ITC, provides insight on industry legal issues.

Combating Clones, With the Help of the OEMs

Joint efforts between the I-ITC and the ISC have ramped up in recent years as more clones and counterfeits have entered the marketplace.

Exclusive to Recharger

Recharger Exclusive: Turbon Claims HP Stole Secrets That Could Destroy the Aftermarket

HP undertook ominous and perhaps nefarious activities if the allegations against the printer giant by Turbon International are found to be true, industry expert Tricia Judge reports in a Recharger exclusive. Turbon has filed a complaint against HP in a New York federal court that claims that HP committed fraud, misappropriated trade secrets and competed unfairly in its dealings with Turbon.

Advanced Cartridge Technologies Sues Lexmark

legal battles

U.S. Remanufacturers Gain Ground in Legal Battles

2009 was a banner year for the remanufacturing industry when it came to legal issues, with several key court cases decided favorably for free competition and the aftermarket.

EPEAT Meeting Offers Aftermarket Global Representation

Industry representatives met with OEMs and government officials to craft environmental guidelines for purchasing imaging supplies. The Electronic Product Environmental Assessment Tool (EPEAT)helps purchasers evaluate, compare and select electronic products based on their environmental attributes.

document security

Beyond Consumer Awareness: Security Printing Trends

Counterfeit products and fraud are a huge, money-making industry, but companies are fighting back with advanced security printing technologies.

Questex Media Bankruptcy Includes Many Players

Questex Media Group Holdings Inc. filed a petition for Chapter 11 bankruptcy on Oct. 5, 2009. The bankruptcy filing includes 4,281 creditors, and liabilities exceeding $100 million.

HP Talks About Counterfeits and Clones

The World Customs Organization estimates that 10 percent of world trade is made up of counterfeit, pirated and gray market product. Additionally, the U.S. Chamber of Commerce estimates that falsified “black market” goods rob the U.S. economy of between $200 and $250 billion a year, and leads to the loss of three-quarters of a million American jobs. Tricia Judge talks with HP about problems with and solutions to the counterfeit market.