September 02, 2005
The Latest IP Crime: "Box-Wrap" Patent Infringement
Posted by Donna Wentworth
What'’s that, you ask? Evidently, it'’s when you ignore the terms written on the side of Lexmark printer cartridge box, refilling the cartridge with ink even when the company has designated it "“single use only."” According to the Ninth Circuit ruling [PDF] this week in ACRA v. "Lexmark", opening the package means you agree to Lexmark'’s wishes. And if you break that agreement, you could face claims under contract and patent law.
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I wonder if this "Box Wrap" warning is to be viewed in the same way that "Do Not Remove Under Penalty Of Law" mattress tag is?
With ink-jet cartridges being a major contributor to end of year profits it's no wonder they want to protect their sacred cow. I would look for HP to follow suit on this one. From reading the article I would say that Lexmark is really interested in going after business's that re-fill cartridges and not the home user, but it's one more way for them to decide how I care and use for my printer. A better idea would have been to re-write the warranty to state "re manufactured ink cartridges will void said warranty" and who knows that verbage may already be in place.
Read one of my previous posts to see just how consumer/user friendly Lexmark is "LINK"
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