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Technology Stocks : HWP -- Hewlett Packard -- Ignore unavailable to you. Want to Upgrade?

To: mp who wrote (2796)	1/5/1999 9:55:00 AM
From: William Partmann	Read Replies (1) \| Respond to of 4722

HP Obtains Settlement Agreement From Xerox in Toner-Cartridge Trademark Infringement Lawsuit; Xerox Agrees to Change Packaging, Cease Misuse of Marks on Re-used Cartridges Business Wire - January 05, 1999 09:15 PALO ALTO, Calif.--(BUSINESS WIRE)--Jan. 5, 1999--Hewlett-Packard Company today announced that it has reached a settlement in its trademark-infringement lawsuit against Xerox Corporation involving Xerox-brand remanufactured toner-cartridge packaging. As a result of litigation and settlement negotiations, Xerox has acknowledged HP's ownership of alphanumeric and "LaserJet" trademarks, and will change its packaging to comply with the settlement agreement and implement new packaging within the next 90 days. The agreement settles a lawsuit filed by HP on Sept. 30, 1997, alleging that Xerox infringed HP trademarks placed on Xerox-brand packaging for remanufactured toner cartridges marketed by them for secondary use with HP LaserJet printers. Among the original claims in the suit, HP sought to protect several distinctive HP trademarks that were federally registered, including "HP," "LaserJet," "75A," "91A," "95A" and "98A." The Xerox packaging at issue inappropriately displays a number of these HP trademarks without authorization, thereby potentially misleading customers into thinking that HP endorsed the uncertified, Xerox remanufactured cartridges for use in its printers. "When a product's package communicates 'HP,' customers expect the highest level of certified quality and reliability, not a reused-product marketing scheme with the propensity to mislead," said Douglas Johnson, general manager of HP's LaserJet Supplies Operation. HP recently announced the results of toner-cartridge tests it commissioned from Business Equipment Research & Test Laboratories (London), which show HP's toner cartridges consistently provide better quality, lower cost per page and higher page capacity than third-party toner cartridges, including those from Xerox. All of the non-HP cartridges tested leaked toner at varying rates and could have compromised printer functionality. Test results can be viewed in detail on HP's LaserJet supplies Web site at hp.com. HP has obtained favorable outcomes in the last few years in several other cases where defendants, including resellers, distributors, counterfeiters and box and label manufacturers, have been permanently enjoined and restrained from making, advertising, promoting or distributing products, services, labels or packaging bearing HP trademarks in a misleading manner. These trademarks include "27A," "27X," "29A," "74A," "75A," "82X," "85A," "91A," "92A," "95A," "95M," "98A," "98X," the "LaserJet" name, the initials "HP" and the HP logo.