Compatible Epson Ink Cartridges - Legal News

Introduction

For a long time Epson has been trying to stop generic cartridge manufacturers from producing compatible Epson ink cartridges that infringe on Epson patents. During the last six years, Epson has filed lawsuits to stop the production and sale of these infringing ink cartridges in the US and European Markets.

Printer manufacturers like Epson typically rely on a business model that involves selling printers at little or no profit, then making money down the line by selling replacement ink cartridges and other consumable items. Epson sells its own replacement cartridges and a number of companies make and sell Epson compatible ink cartridges.

New Guidelines for Compatible Epson Cartridges

Epson has purchased numerous cartridges described as "refilled" or "remanufactured" and found that many of them of them infringe Epson's patents or are sold illegally. A recent lawsuit filed by Epson targeted third party vendors who have no relationship with the printer-maker.

As a result of the lawsuit the USITC (United States International Trade Commission) ruled that there were 23 counts of patent infringement. However the Commission did not ban all compatible inkjet cartridges for Epson printers, and there are some companies who still manufacture and distribute compatible cartridges that comply with USITC guidelines.

• Refilled cartridges that were EPSON branded cartridges must have first been sold by Epson to consumers in the U.S. There is a "first sale" exception to patent law that allows the refilling and resale of patented devices that were first sold in the U.S. provided no other patents are infringed.
• The refilling process must be limited to legally permissible repair to restore the cartridge to usable condition, but not complete reconstruction by replacing major components like the ink tank and IC chip.
• Refilled cartridges must be prominently described at point of sale and on packaging as "refilled" or "remanufactured."
• New aftermarket cartridges cannot be falsely described at point of sale and on packaging as "refilled" or "remanufactured."
• Epson trademarks on refilled cartridges must be removed or covered so consumers are not misled into believing that the cartridges were refilled or approved by Epson.
• You cannot use any misleading or unsubstantiated competitive claims to sell refilled cartridges. Depending on the available substantiation, examples of potentially misleading claims include statements like "Refilled in USA," "Same ink as OEM cartridges," or "Meets or exceeds OEM specifications.

What This Means for Castle Ink Cartridge Customers

Castle Ink is proud to offer high quality replacement inkjet cartridges for your Epson printer. Be assured that the refilled and remanufactured ink cartridges we offer for Epson printers are in full compliance with the new legal guidelines. Every ink cartridge we sell is fully guaranteed and designed to offer outstanding print quality at the lowest possible price.