HP secures second victory over 123inkt

September 7, 2023

On 18 August a new summary judgement was given rejecting the claims of Digital Revolution B.V and ordered the company to pay the old and newly incurred legal costs.

Following a June court decision that found in HP’s favour, Digital Revolution B.V (123inkt) tried to appeal the decision, saying they had “has fully complied with (aim and purport) of the surrender order from the summary judgment. Secondly, it argues that the surrender order is based on a legal or factual error, since that order cannot, by its very nature, be intended to terminate or prevent further infringements.”

“Moreover, further execution of the summary judgment by HP cs would be regarded as misuse of powers, because it would exercise that power for no other purpose than to harm DR cs. Thirdly, it takes the position that there is a permanent impossibility to comply with the surrender order other than what it has done.”

In the original case, HP alleged that the 123inkt “environmental packaging” was a trademark infringement and in a recent judgment by the District Court of The Hague, HP sought legal redress against 123ink.nl. The case centred on the online retailer’s practice of offering and selling original HP cartridges without their original outer packaging, which includes important details such as the manufacturer’s warranty end date.

123inkt and their sister websites have been offering their “environmental packaging” for some time. According to 123inkt, an “environmental product is an original, unused ink or toner cartridge. Giving customers less packaging waste to process.

The ink or toner cartridge works directly in the printer, has less packaging waste and benefits from a lifetime warranty, regardless of the manufacturer’s warranty date.

The court ruled in favour of HP and ordered 123ink.nl to cease selling or supplying original HP cartridges without their original outer packaging. Additionally, the retailer must disclose information about stock, purchases, suppliers, and returns concerning their “environmental packaging” or “environmental products.” The legal costs incurred by HP in the case amounted to €21,207.90 ($23,159).

On 18 August a new summary judgement was given rejecting the claims of Digital Revolution B.V and ordered the company to pay the old and newly incurred legal costs.

Editor’s note: This story has been translated from the Dutch language.