Dutch court backs IP packaging rights, ordering disclosure and sales suspension penalties.
The Dutch Court of Appeal in The Hague has ruled in favour of HP Inc. in a long-running dispute over the resale of original HP inkjet cartridges without their original packaging. The case, brought against Digital Revolution B.V., trading as 123inkt, centred on HP’s assertion that the removal of original packaging undermined its trademark rights and risked confusing consumers.
The judgment, handed down on 14 May 2025, upholds a previous lower court decision and reaffirms that HP’s packaging forms an essential part of its trademark protection. The court found that distributing new HP cartridges in unbranded packaging — regardless of the product’s authenticity — impaired HP’s guarantee of quality and violated European trademark law.
HP argued that the original packaging is not merely a box but a functional element of its quality assurance process, helping customers distinguish genuine products from potentially defective or expired goods. The court agreed, citing established EU case law and determining that 123inkt’s practice constituted an unlawful “de-branding” of original goods.
As a result, the court ordered Digital Revolution to halt further sales of HP cartridges without original packaging and to disclose detailed stock and supply chain data. The company faces significant financial penalties for non-compliance.
The dispute dates back to 2013 and is one of several legal skirmishes between HP and 123inkt, including earlier battles over chip technology and printer firmware. While some previous rulings have gone in 123inkt’s favour, this latest decision represents a clear win for HP, reinforcing manufacturers’ rights to control how their branded products are presented to consumers.
