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Digital Revolution responds after rectification

April 14, 2015

District Court of The Hague

District Court of The Hague

The Dutch cartridge retailer qualified a number of the points made against it in the Dutch case brought by HP.

The company had been forced to post a rectification on its website after being found against by the Court of The Hague on 19 March. Digital Revolution had been accused in court by HP of using misleading “rebuild” claims on its website about new-build toner cartridges. The court found that the claim of “totally rebuilt” on the company’s website gave the impression that the company’s toner cartridges were built from used parts.

The judge in the case considered the claim misleading, and ordered the company to place a rectification on its website for two weeks, at The rectification reads: “Recently we have [sold] under the brand 123inkt toner cartridges for HP printers in the Netherlands, which were referred to as ‘totally rebuilt’.

“By judgment of 19 March, 2015, the judge of the court in The Hague ruled that this statement was misleading. Under these toners were new compatible toners without any recycled parts. Of these toners, [it] cannot be said that they [are] ‘totally rebuilt’.”

Gerbern Kreuning, Director of Digital Revolution responded to The Recycler’s original article, stating that “we ask your attention” for a number of qualifications related to the case. He noted that “contrary to the translation of the rectification”, it does not concern “recycled” but “reused” parts, and that the case was “not about selling ‘infringing new-builds from China’”.

Kreuning added that the company sells “a range of new-build products that are not infringing any IP rights of OEMs, and our score against OEMs in patent infringement cases is positive for us. Under our brand we sell both new-builds as well as remanufactured products, and view and sell these products as equivalents”.

He also noted that “we do pay the costs that come with remanufacturing products, and do not ‘want a free ride by using the ‘rebuilt’ image’. This case also was not about the origin of the products being China, or us not being honest about that Chinese origin […] our 123inkt brand stands for quality, and Chinese products do meet established quality standards. OEMs [such] as HP source their products from China”.

Kreuning continued: “We focus on selling quality products – either new or remanufactured – at reasonable prices to our 1.5 million customers in the Netherlands, and have been proclaimed as best web-shop in the Netherlands in our category for seven years in a row. In spite of OEMs bringing a number of court cases against us in recent years, we will not deviate from that course.”

Digital Revolution previously won a case against Samsung in the Netherlands last November alongside three other defendants, with the OEM in that case wanting to “ban the sale of some brand[s of] inkjet cartridge […] due to the use of a particular chip”, which allegedly breaches a European patent granted to the OEM, but the court decided against the OEM.

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