Xerox Prevails in HP Trademark Injunction Motion
STAMFORD, Conn.--(BUSINESS WIRE)--July 16, 1998--A federal judge
in California has rejected a request by Hewlett-Packard for a
preliminary injunction prohibiting Xerox from selling a range of
Xerox-branded HP compatible laser toner cartridges in their current
packaging. HP also unsuccessfully sought the recall of all products
sold in that packaging. In denying the motion Wednesday, U.S. District
Judge Susan Illston ruled that HP had not demonstrated that it was
likely to succeed in its allegation that the design of the packages
violated HP trademarks.
HP had argued that the design of the Xerox packaging was
misleading consumers into believing that the product was endorsed or
sponsored by HP. In finding that HP was unlikely to succeed in proving
consumer confusion, the court relied in part on the results of an
independent consumer survey submitted by Xerox that supported the
Xerox position that the packaging was not confusing.
"By virtue of this ruling, consumers will continue to have
greater choice and flexibility in meeting their needs for
high-quality, high-value laser printer supplies," said Larry Wash,
vice president and general manager, New Ventures, at Xerox Supplies
Group.
Xerox is the largest company to offer supplies for popular models
of competitive products, including HP printers. These supplies are
available from a growing number of retail office suppliers, major
contract stationers and catalogue houses as well as computer reseller
distributors nationwide.
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