Lexmark Wins Injunction in Toner Cartridge Suit
goingincirclez writes "Cnet reports that Lexmark has won an injunction against Static Control Components, Inc., which effectively prohibits the manufacture of recycled / third party toner cartidges. Slashdot covered the initial filing of the suit. SCC also has a rebuttal site that definitely warrants checking out. I would like to think that other printer manufacturers won't follow suit, but I'm not that naive. Better start your trust fund for ink cartridges."
This is good news for Dell. They'll be selling their own printers in about a month, and anything that makes other manufacturers look bad will help them gain marketshare. What will be interesting is to see how Dell plays in the ink cartridge business. Will they try to be like everyone else, or will they try to do to ink prices what they've done to PC prices?
Have you ever had to replace a broken tail-light? Auto manufacturers *are* copyrighting their designs only to prevent competitors from providing inexpensive replacement parts.
"God is dead." - Frederik Nietzsche
Well - this problem seems to be impacting the ppl from North America. Check below for the current status within the EU - if someone knows of any new developments - please post!
Dow Jones Business News
EU Parliament Bans Proprietory Printer Cartridge Policy
Wednesday December 18, 10:40 am ET
BRUSSELS -(Dow Jones)- In a blow to Hewlett-Packard Co. (NYSE:HPQ - News; HP) and other printer companies, the European Parliament voted unanimously Wednesday to ban them from forcing consumers to buy manufacturers' own-brand ink refills.
The printer-ink provision was included in a last-minute amendment to a bill requiring manufacturers of electronic goods to pay for recycling them. Conservatives supported it as a consumer-friendly action, while environmentalists welcomed it as a green measure.
"Consumers who are fed up with being ripped off when they need to replace the ink cartridges in their computer printers will be pleased with the requirement," said Robert Goodwill, a Conservative member of the parliament who sponsored the amendment.
The bill comes into effect in 2006.
Many color printers cost about EUR100 to buy, but replacement cartridges run as much as EUR40 each, Goodwill said. Companies have sprung up offering cheaper cartridge ink refills. But Goodwill said manufacturers had limited the use of the refills by installing computer chips on their original cartridges.
"When the cartridges are refilled, the printer comes up with an error message and many users are forced to buy expensive new cartridges from manufacturers," Goodwill said.
The practice may be harmful to the environment, as it limits recycling, and to consumers, but it has been beneficial to printer companies. H-P's ink and toner refills bring in about $10 billion annually, or about 15% of its annual revenue.
H-P dominates the market. According to consulting company CAP, H-P now has 44% of the $11 billion West-European market for printer ink, with Seiko Corp.'s Epson (J.SKO) unit with about 25%, Canon Inc. (CAJ) with 18% and Lexmark International Inc. (NYSE:LXK - News) with 10%.
Suppliers who refill ink cartridges or sell knockoffs have about one-fourth of the market, according to CAP. But their share is static.
Their complaints have attracted the attention of European Union Competition Commissioner Mario Monti. In May, he said regulators were looking into possible anticompetitive behavior by some printer makers.
"There's probably a case here for us," Monti said at the time. Since then, the Commission has been silent on the issue.
Complaints from refillers also attracted parliamentarian Goodwill. He visited the local Cartridge World shop in York and came away determined to insert the amendment into the larger bill about recycling of electronics goods. He and a Green parliamentarian first inserted the amendment back in October.
But the German government supported the printer companies' attempts to remove it this week. Bargaining between parliamentarians and governments went until 3 a.m. Wednesday morning, Goodwill said.
"The Germans wanted to defend their chemical companies which make this ink for the printer companies," he said. "When we threatened to hold up the entire recycling bill, they finally dropped their objections."
The printer companies still can appeal to the European Court of Justice in Luxembourg. H-P declined to comment. Spokespeople for Canon and Lexmark said they were unaware of the issue.
-By William Echikson, Dow Jones Newswires; 32-2-285-0134; william.echikson@ dowjones.com
Dow Jones Newswires
12-18-02 1040ET
I subvert Lexmark's plans by refilling my old toner carts with stuff from this vendor. While it's somewhat more difficult a process than just installing a new cart, I save over $150 with each refill.
Not affiliated with TonerRefillKits.com, just a happy customer. Don't be put off by their crappy website - the stuff ships out quick, is fairly priced, and works as advertised.
As an "IT Manager" I get 2-10 calls a day from people trying to sell me toner cartridges. The usual pitch goes something like this:
"Hello Mr. Smith, my name is Todd and I'm calling from ABC products. We develop our own high tech toner cartridges and they are the best on the market. What I'd like to do is send you a cartridge; at no cost to you, so can you can see our quality product."
I know of a client who actually went along with it, and they were shipped a pallet of these things and billed for like $2,100.
Anyway...I have always found that genuine HP cartridges are the best value. We buy so many of them, we only pay a few bucks more than the imitations. Plus, even my users can tell when we've put a imitation cartridge in, instead of the genuine HP toner.
Whatever printer I get now, it won't be a Lexmark.
I just called Lexmark on their toll-free phone number to tell them how despicable I thought this lawsuit was. I told them that, unless it was dropped, I would never purchase another Lexmark product nor would I recommend their products to clients or colleagues. If you feel that way, call them:
In the U.S., their phone number is:
1-800-LEXMARK (1-800-539-6275)
Hours:
Mon - Fri
9am - 9pm EST
Saturday
12pm - 6pm