HP goes legal over 123inkt.nl 'environmental packaging' - The Recycler

HP goes legal over 123inkt.nl ‘environmental packaging’

June 19, 2023

HP has secured a legal victory against the Netherlands online retailer 123inkt.nl over the sale of their environmental (naked) packaging of original HP cartridges without their original outer packaging.

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 cartridge or toner. 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.

HP sued 123inkt, alleging 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.

In this instance, HP argued that removing the outer packaging constituted a valid reason to object, as it resulted in the omission of material information crucial for consumers, such as the manufacturer’s identity and the responsible party for placing the product on the market. HP further claimed that the absence of packaging damaged the product’s image and the brand’s reputation.

The court found that without the original outer packaging, the consumer could not clearly identify the manufacturer’s warranty end date, even though the date was printed on the ink cartridges themselves. While 123inkt indicated that the cartridges were unused and in perfect condition, it did not specify the actual 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).

Why don’t environmental products have an outer box?

According to 123inkt: “The ink cartridges and toners that we offer as an environmental product no longer have an outer cardboard box for various reasons. This includes, for example, products that have been returned unused, but the outer box is no longer intact. The ink cartridges and toners themselves are still in perfect condition. It would be a shame not to use these products, just because of the lack of extra packaging material. Even if we want to recycle them, we first have to transport the ink cartridges or toners to the factory, empty them, go through the full recycling process and then transport them back to our warehouse. This is all unnecessary for the environment! If these products can be simply used as is, then that is of course the best option for the environment.”

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