False advertising case’s implications discussed

October 20, 2014

The case between Static Control and Lexmark continues to have an affect on the legal landscape in the USA.supremecourtseal copy

MetroCorpCounsel interviewed two US lawyers about the legislation concerning false advertising, including the “recent developments” in a number of cases including between Static Control and Lexmark, in which Static Control won the right to sue the OEM in March earlier this year.

The site interviewed Danielle DeFilippis and Ami Bhatt, Associates at Norris, McLaughlin & Marcus, about the case and a number of others that impact upon false advertising law. DeFilippis stated that the Supreme Court “articulated a new test to determine whether a claimant has standing to bring a Lanham Act claim” for false advertising, which The Recycler reported on in April this year.

The new format allows for a two-step inquiry into whether a “claimant has standing” to bring a false advertising case: a zone of interests test, and a proximate cause analysis; the former of which covers those who “allege an injury to a commercial interest in reputation or sales”, and the latter demanding a party “must show economic or reputational injury flowing directly from the deception wrought by the defendant’s advertising”.

DeFilippis added that the ruling in the Static Control-Lexmark case “can have the effect of limiting or increasing suits”, depending on the “jurisdiction and the test previously employed”, and noted that there has been “significant case law interpreting and applying the test since the decision was made”, but “whether litigation will increase or decrease across the nation remains to be seen […] it will be interesting to see how courts analyse the level of proof needed to ‘allege’ proximate cause”.

Bhatt also mentioned that the case, along with a number of others involving companies such as Coca-Cola, has meant that “false or misleading advertising will continue to face scrutiny from competitors or from regulatory bodies”, and that companies “should take care in crafting promotional materials, whether in print, on packaging, or online, to ensure that the information presented is accurate and within the bounds of the law”.

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Lexmark announces Corporate Cartridges line

October 17, 2014

Lexmark CS310n

Lexmark CS310n

New line of toner cartridges for EMEA region designed to boost sustainability in businesses.

IT Web reported on Lexmark’s release of its new line of Corporate Cartridges designed for businesses in the EMEA region, with the toner cartridges compatible with Lexmark’s A4 CS/CX colour and MS/MX monochrome devices.

The OEM stated that the products are “driven” by the company’s “commitment to corporate social responsibility and guided by the principles of zero waste and the circular economy”, using Unison toner and “advanc[ing] the sustainability benefits of the Unison Print System” through the use of components recovered by the Lexmark Cartridge Collection Program (LCCP). They also have a “robust and durable design to deliver long-term reliability and sustained print quality”.

In order to ensure “consistent product availability” as well as minimise the environmental impact of supply chains, the cartridges are manufactured in the EU, with pricing “equivalent” to the OEM’s Return Program cartridges.

Mark Hiller, Lexmark Regional General Manager South Africa, said: “Lexmark has a strong tradition of innovation and commitment to corporate social responsibility and sustainability. This new line of corporate cartridges represents our most sustainable supplies offering to date. In addition to the environmental and social aspects, the cartridges are also backed by Lexmark’s limited lifetime supplies warranty.”

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Lexmark releases printer series for SMEs

September 22, 2014

Lexmark MS415dn

Lexmark MS415dn

MS310 and MS410 series offer “enterprise-style features” for small and medium-sized businesses in Australia.

IT Wire reported that the newly released mono laser printers from Lexmark have been designed for SMEs as well as workgroups within larger organisations; offering features such as remote printing through iOS and Android devices via AirPrint or Lexmark’s print app, duplex printing, optional Wi-Fi, and a paper capacity of 850 sheets, plus an optional second tray.

Marty Canning, Executive Vice President and President of Imaging Solutions and Services at Lexmark, said: “Small business needs the same speed, reliability and usability found in enterprise-level printers […] the Lexmark MS310 and MS410 series offer unexpected features such as confidential print, network security and remote manageability that are designed to keep small business on the leading edge of print technology.”

The two printers available in Australia are the MS312dn, which has print speeds of 33ppm and is priced at AUS$299 (US$265/€207), and the MS415dn, which can print at speeds of up to 38ppm, as well as having a colour display panel, and is priced at AUS$599 (US$532/€414).

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Lexmark launches new printers in South Africa

September 2, 2014

The OEM launched the MS310 and MS410 series, aimed at SMEs.Lexmark MS310

ITWeb reported on the launch of the ranges by Lexmark, with the OEM stating that the devices “deliver superior performance, security [and] value for enterprises [and] SMEs”. The machines feature automatic duplexing, colour LCD displays, wireless printing and a host of other offerings.

Among the other features of the machines, which include the MS312dn and MS415dn, is added security – through Lexmark’s “confidential print feature” – alongside mobile printing compatibility via the OEM’s Mobile Printing App, energy-saving modes, andremote management allowing control of printers “from any browser when network-connected”.

An “aftermarket” cartridge with a yield of 5,000 pages is also available for both machines, with Lexmark stating that the cartridge is “one of the most sought-after cartridges for the segment and will continue to reinforce Lexmark’s strong position in the SME segment”. The MS312dn and MS415dn are available for R2,695 ($252/€191) and R4,045 ($378/€288) respectively.

Marty Canning, Lexmark’s Executive Vice-President and President of Imaging Solutions and Services, stated: “Small businesses need the same speed, reliability and usability found in enterprise-level printers. The Lexmark MS310 and MS410 series offer unexpected features such as confidential print, network security and remote manageability that are designed to keep small businesses on the leading edge of print technology.”

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Lexmark 2Q14 results exceed forecasts

July 23, 2014

lexmark-logoWhile OEM’s earnings fell 88 percent, adjusted results were better than expected, leading to an increased outlook for the year.

Market Watch reported on Lexmark’s second quarter results, which showed that earnings fell 88 percent year-on-year due to the previous year reaping the benefit from the sale of the company’s inkjet business. Consequently, the adjusted results actually exceeded Lexmark’s previous forecast, with the OEM increasing its outlook for the year as a result.

Following the second quarter results, Lexmark now expects revenue to be “flat to down two percent year-over-year” with adjusted per-share earnings of $0.85 (€0.63) to $0.95 (€0.71), compared to its earlier forecast for a decline of between two and four percent for $3.80 (€2.82) to $4 (€2.97) per share, which had been influenced by the company’s expectation of a “continued negative impact” from its exit from the inkjet business.

2Q14 saw the company achieve a profit of $37.5 million (€27.8 million) or $0.59 (€0.44) per share, down from 2Q13’s profit of $24.1 million (€17.9 million) or $1.47 (€1.09); while revenue increased by less than one percent to $891.8 million (€662 million). Operating expenses meanwhile increased by 40 percent to $288.8 million (€214.4 million).

The article noted that Lexmark’s business tactic against the maturing hardware market has been to “stick to its core business and add software around it”, which has differed to other OEMs such as Xerox which has “diversified further afield with new offerings, such as outsourcing”.

The Recycler reported in April on Lexmark’s first quarter results, which saw earnings fall 27 percent due to weaker product revenue and higher operating expenses; with profit reported at $29.3 million (€21.75 million).

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Lexmark launches four new Smart MFPs

June 18, 2014

The OEM launched the monochrome devices featuring “enhanced productivity”.

Lexmark's MX910 MFP

Lexmark’s MX910 MFP

Lexmark’s announcement saw it reveal four new A3 monochrome laser printers in its Smart MFP range, which it states “complement enterprise portfolio[s]” with “enhanced productivity [and] security”, and which would “provide an intuitive and consistent user experience to bridge the paper and digital worlds across the enterprise”.

The four new machines include the MS911 and MX910 ranges, which are a monochrome single-function and MFP respectively, and are said to be “ideal for high usage environments” as well as featuring “long-life components, enterprise security and advanced finishing options”. The devices have quicker first print times, paper capacities of up to 6,650 sheets, and “shake-free” toner cartridges.

The machines also feature finishing options including staples, hole punches, folding and saddle stitch binding, while an encrypted hard drive, user authentication and “automatic disk wiping” help provide “enhanced security” for users.

Marty Canning, Lexmark’s Executive Vice President and President of Imaging Solutions and Services, stated: “Cost and size advantages of A4/letter devices often make them the best fit in most enterprise environments; however, having A3/ledger devices that can print on 11-inch by 17-inch media can be crucial for certain business applications.

“For those instances, the Lexmark MS911 and MX910 series products are excellent choices, providing simple and consistent user experiences across the fleet with productivity-enhancing solutions that bridge the paper and digital worlds across the enterprise.”

 

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New Lexmark printers designed for SMBs

May 21, 2014

Lexmark MS310 series

Lexmark MS310 series

OEM introduces MS310/MS410 series of black and white printers, which offer “superior performance, security and value” for SMBs and enterprises.

The two devices are designed to deliver enterprise-level features to small and medium businesses in addition to large organisations; featuring a colour display panel, automatic duplex printing and optional wireless printing, as well as added security with Lexmark’s confidential print feature.

Included in the series is the MS415dn, which is described as being a “highly competitive product” for “companies of all sizes, including the finance and manufacturing industries”, with print speeds of up to 38 ppm and a 256MB memory. The MS312dn meanwhile can print up to 33 ppm and boasts a range of eco-friendly features such as an eco mode and duplex printing.

The series supports mobile printing via the Lexmark Mobile Printing App, while remote manageability allows designated staff to control printer settings from any browser when connected to a network, including security settings, device defaults and consumables alerts.

The printers come with 5,000-yield ‘Return Programme’ toner cartridges that are sold at a discount in exchange for the customer’s agreement to use the cartridge only once before returning it to Lexmark for remanufacturing or recycling. Lexmark stated that the 5,000-yield cartridge “is one of the most sought-after cartridges for this segment”. The licensing on these cartridges was reported on by The Recycler yesterday.

Commenting on the product launches, Marty Canning, Executive Vice President of Lexmark and President of Imaging Solutions and Services, said: “Small business needs the same speed, reliability and usability found in enterprise-level printers. The Lexmark MS310 and MS410 series offer unexpected features such as confidential print, network security and remote manageability that are designed to keep small business on the leading edge of print technology.”

The MS312dn and MS415dn are priced from £169 ($285/€208) to £249 ($420/€307).

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Lexmark cartridges feature one-use warning

May 20, 2014

Packaging for Lexmark toner cartridges sold in Europe appears to feature updated licensing terms that prohibit multiple uses of the cartridge under “patent restriction[s]”.

A photocopy of the Lexmark packaging, containing the English, French and Italian versions

A photocopy of the Lexmark packaging, containing the English, French and Italian versions

The Recycler has received a scan of a Lexmark toner cartridge box, which features “updated license terms” stating customers should “please read before opening”. The language in the terms seems to suggest that the cartridge should be used “only once” before returning it to Lexmark “for remanufacturing and/or recycling”, and that not doing this would invalidate the “license”.

The message, featured in English, French, Italian, German and Spanish, starts by stating that “opening this package or using the patented cartridge inside confirms your acceptance of the following license agreement”, adding that “if you don’t accept these terms, return the unopened package to your point of purchase”.

The terms continue by noting that the “patented” toner cartridge is “sold at a special price subject to a patent restriction that it may be used only once”, and that “following the initial use, you agree to return it only to Lexmark for remanufacturing and/or recycling”. Adding that the cartridge is “designed to stop working after delivering a fixed amount of toner”, the terms state that “a variable amount of toner will remain in it when replacement is required”.

Additionally, the terms state that the cartridge is “designed to automatically update the memory in your printer to protect against the introduction of counterfeit and/or unauthorised third-party cartridges”, and that “by installing the enclosed cartridge, you authorise Lexmark to make these changes”.

What do you think of these new license terms? Comment below or contact us at news@therecycler.com.

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Lexmark products receive Mopria certification

April 30, 2014

Lexmark MS310 series

Lexmark MS310 series

Several of the OEM’s product lines receive certification for delivering simple wireless printing from Mopria-certified mobile devices.

Biz Community reported that Lexmark, which is an executive member of the Mopria Alliance, has received Mopria certification across several of its product series due to their ability to deliver simple wireless printing from smartphones, tablets and other Mopria-certified mobile devices.

The Mopria Alliance – a non-profit membership organisation consisting of OEMs including HP, Samsung, Epson, Canon, Xerox and Kyocera that aims to provide simple wireless printing from mobile devices – has reportedly built upon the basic print framework recently introduced by Google in version 4.4 of its Android operating system, providing a plug-in for handsets using Android 4.4 OS. The plug-in will also soon include print device compatibility to all Mopria-certified printers as well as connectivity for NFC tap-to-print and PDF support.

Among Lexmark’s product series that have recently received Mopria certification are: the MS310; MS410; MS510; MS610; MS710; MS810; CS310; CS410; CS510; CX310; CX410; CCX510; MX310; MX410; MX510; MS610; MX710; XC2100; M1100; M3100; M5100; XM1100; XM3100; XM5100; and XM7100.

Marty Canning, Executive Vice President of Lexmark and President of the company’s Imaging Solutions and Services, commented: “Lexmark is committed to remaining in a leadership position in mobile technology and compatibility adoption. We are pleased to receive Mopria certification across 17 product families, representing more than 100 Lexmark products.”

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Lexmark’s Andrew Gardner set to speak at Static Control’s Polish seminar

April 24, 2014

Andrew Gardner

Andrew Gardner

The OEM’s Worldwide Brand Protection Manager will speak at the conference, taking place tomorrow in Lódz, Poland.

The largest manufacturer of aftermarket imaging systems and components announced that Gardner, who previously spoke at The Recycler’s Focus on Europe conference in 2012, will speak at the free seminar tomorrow at Andel’s Hotel Lódz tomorrow in Lódz, Poland.

Static Control stated that Gardner will “discuss clone cartridges from the OEM perspective”, with the OEM joining HP as the “second OEM to recognise Static Control as a leader in the imaging aftermarket and a partner in the fight against counterfeit and clone cartridges”. It added that Lexmark “has a vested interest in Poland” due to having a toner cartridge manufacturing site in Zary.

Gardner’s talk will cover clones “in detail”, specifically covering the raids that took place at Remanexpo@Paperworld 2014 earlier this year, in which Lexmark MS cartridges were seized from a range of exhibitors. The seminars are free to current Static Control customers, with the next seminar taking place in Athens, Greece on Wednesday 7 May.

The seminar follows a previous seminar hosted by both Static Control and ETIRA in March, and comes after the company announced the programme of free seminars across both Europe and Asia late last month. Static Control added that the Polish seminar is the first of 22 to be held this year, with each session “information-intensive” and “targeted towards the demands of each particular market” as well as being “tailored to suit local remanufacturers”.

Ken Lalley, Static Control’s Sales Director, stated: “We are very excited to have Andrew Gardner at our kick-off seminar. We know the importance of intellectual property in this industry and have taken a strong stance against new build clones invading the aftermarket. We are delighted to have Andrew speak on behalf of Lexmark and share his expertise with our Polish customers.”

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