Staples, HP Sued For Not Selling HP Compatible Ink

from the antitrust? dept

Back in February, we talked about how HP was pressuring retailers not to stock generic brand inkjet printer ink cartridge refills, though it appeared that Staples was the only company who agreed to the deal. This wasn’t surprising — as the margins on printer ink for companies like HP are astronomical, and the company has been doing everything it can possibly think of to stop anyone from selling competitive ink, including filing bogus patent lawsuits. It took some time, but someone is now trying to file a class action lawsuit against HP for the deal it made with Staples, who is also included. The lawsuit claims that the deal is an antitrust violation, but that seems like a huge stretch. While we agree that it’s somewhat sleazy, it’s hard to see how this is a serious antitrust violation. There are plenty of places, online and off, where you can buy offbrand ink cartridges (or have existing cartridges refilled). If Staples wants to cede all that business to others, that’s its (bad) decision. However, no one is forcing people to shop at Staples, and customers should do a little research before realizing that there are much better options than what Staples is stocking on its shelves.

Filed Under: ,
Companies: hp, staples

Rate this comment as insightful
Rate this comment as funny
You have rated this comment as insightful
You have rated this comment as funny
Flag this comment as abusive/trolling/spam
You have flagged this comment
The first word has already been claimed
The last word has already been claimed
Insightful Lightbulb icon Funny Laughing icon Abusive/trolling/spam Flag icon Insightful badge Lightbulb icon Funny badge Laughing icon Comments icon

Comments on “Staples, HP Sued For Not Selling HP Compatible Ink”

Subscribe: RSS Leave a comment
32 Comments
Anne (profile) says:

Antitrust? How about just shopping somewhere else

How difficult is it to find HP generic cartridges and ink? I buy all the time from an Ebay seller. Recently, the prices on HP branded cartridges have been lowered significantly, and it is now possible to buy genuine HP cartridges at places like Target and Walgreen’s, although I still get a better deal and more convenience from my favorite Ebay seller.

Ferin says:

Other places not so useful

I worked at a cartridge refller for a year, and I can honestly tell you that the printer companies ought to be sued. The amount of ink or toner left in cartridges is ridiculous, and now they make them to instruct the printer never to use that cartridge again, and not to let it use what remains in the tank. Our company (we were a franchise) was sued by HP for violating their yellow ink patent, and threatened with suit for developing and buying devices to bypass the lockout feature on new cartirdges to prevent them from being refilled. It literally costs less to buy a cheap printer than it does to buy a month’s supply of ink. All of those companies are shamelessly gouging their customers, and it’s time for legisaltors or the courts to step in and remind them that it’s wrong.

Train1 (profile) says:

important distiinction

An important distinction needs to be made in this debate. I agree that a store should be able to sell whatever it wants, and not sell whatever it doesn’t want.

The problem, and the anti-trust issue, is that a manufacturer of a product is trying to coerce stores into not selling a competing product.

This is a no-brainer to me.

TheDock22 says:

Re: important distiinction

The problem, and the anti-trust issue, is that a manufacturer of a product is trying to coerce stores into not selling a competing product.

So? That is the stores decision to make (even though it is kind of a dumb move) and the anti-trust issue I think won’t go through simply because it is a generic product, not a competing product.

It is like pharmacies; some refuse to stock generic drugs, but they will stock different kinds of drugs that do the same thing (like Ambien and Lunesta). Should they be sued with an anti-trust for not giving the generic drug companies a chance?

Train1 (profile) says:

Re: Re: important distiinction

Coercion means lack of choice.

Again, if the store made the decision 100% on their own then they should rightfully suffer.

But this has been going on for years: HP has tried everything to put the refillers out of business. FUD about lawsuits, patent infringement, etc… just to prevent these competing products from being sold.

HP sells inkjet printers at a loss. I.E. the printer costs more to make than they sell it for, making up the loss in inflated ink sales. Gillette does the same: give away razor handles but charge astronimically for the replacement blades. Game-console mfgrs also sell their consoles at a loss and expect to make up that revenue from software sales. In those examples, the “consumables” have proprietary and legal aspects that protect them (patented connectors for blades and DMCA/encryption for software). HP tried the lawsuit tactic, and if I remember correctly were moderately successful against clone carts. But since their patents don’t protect against using a syringe to refill their carts they tried the firmware lockouts to prevent refills. This was slapped down. Now it’s time for the back-room deal with retailers… Anything to protect the cash cow that is $8000 PER GALLON ink. If you filled an Olympic-size swimming pool with ink from HP or Lexmark inkjet cartridges, it would cost $5.9 billion.

An earlier post mentioned that HP ink has recently come down in price. Why is that? Competition! If they had succeeded in suppressing the competition (as they have at Staples), would those prices have dropped? Odds are, they would have RISEN.

It might even go deeper. Staples might not have been coerced, but agreed to go along with HP in order to protect margins. That would be collusion to price-fix IMO.

Train1 (profile) says:

Re: Re: important distiinction

“It is like pharmacies; some refuse to stock generic drugs, but they will stock different kinds of drugs that do the same thing (like Ambien and Lunesta). Should they be sued with an anti-trust for not giving the generic drug companies a chance?”

If they colluded with the drug companies to exclude generics in order to maintain artificial profits, then ABSOLUTELY YES.

TheDock22 says:

Re: Re: Re: important distiinction

If they colluded with the drug companies to exclude generics in order to maintain artificial profits, then ABSOLUTELY YES.

You really have no idea how pharmacies work. Of COURSE the drug reps offer deals and promotions to convince the pharmacies to only sell their drugs and not generics. It is not against the law for vendors to make deals with sellers and demand that only their products are available to customers (go to any restaurant or sports arena, they serve coke or pepsi products but rarely both). Walmart makes these sorts of deals all the time.

HP is not doing anything illegal by offering companies compensation in return for being their exclusive dealer, which is why I bet this lawsuit gets thrown out by the courts. What about the Apple/AT&T deal? No one is suing them for antitrust violations. I just want to be clear though, Staples is making a stupid move (unless of course they get major compensation for doing so).

Anonymous Coward says:

simple for hp

HP should just add a lil switch to their printers that flips when nongenuine cartridges are used, and that way they can refuse warranties when people send in these printers for issues. The printers already can tell when “genuine” HP cartridges are used so this should be easy. Refill cartridges are a huge mistake to use, HP cartridges espectially come with the printheads built into them(this is why they’re more expensive) and they only last so long, so eventually they start causing issues, so yes consumers should do lil research before they buy.

John (profile) says:

Cost of a printer

Going off-topic…

It literally costs less to buy a cheap printer than it does to buy a month’s supply of ink.

Think about this for a minute.
How many people would just throw out their printer and buy a new one, rather then spend more money on cartridges?
How did our society get to the point where it’s more economical to just buy a new piece of hardware instead of repairing the old one?

And what happens to all these printers that are thrown out? Do people donate them to Goodwill? Does Goodwill know to simply replace the cartridges or do people drop off the printer saying “It don’t print no more”?
Do people throw the printers in the trash? Are landfills filling up with perfectly good printers that simply need new ink?

It’s kind of like Microsoft’s attitude with each Windows upgrade: if your peripherals don’t work with the latest version, just throw it out and get a new one that’s “certified” to work.
It’s not their fault that your “old” printer doesn’t work with Vista: you shouldn’t be using a printer made in 2006 anyway.

John Parr says:

the bottom line is that if the cheap printer costs less than branded cartridges, then why a buyer would insist on getting the branded cartridges. one the company sells the printer there should be an option for the buyer to whatever and whichever accessories he wants to use. so what if the company has paid for patent. it ultimately the buyer who is paying for the printer and the ink.
JWP
———-

Great printer toner and ink cartridge deals, discounts and coupons. Also, check out the latest printer reviews and technology news. http://blog.concordsupplies.com

William H. Heino Sr. says:

HP is at it again! HP is again setting up a policy of shutting down, at a predetermined time, to limit a consumers use of their HP printer. For my HP OfficeJet 5600 All-In-Series, I purchased from Kroger Food store a refill on 2/23/2010. As indicated it replaces the HP 27 Cartridge. Cartridge City brand. It is now April 17, 2010, and my printer has shut down from further use. With my previous HP printer, after a predetermined period the HP printer displayed a message informing me that my ink was low, and then shut down my printer from further use. Because of HP greed, this same procedure is being used, but with a different message. Now, after using my cartridge for 54 days HP came up with a different message, “printer cartridge not compatible…“, ending further use of my printer. HP now avoids using the word ink. Although ink is low but copies still at quality level, this was no reason for low ink to stop the printer from working, after pressing O.K. on the control panel.

To prove my point, I just replaced my cartridge with the same exact store bought Cartridge City brand #27. Now the printer works again. If the cartridge #27 is the same, but is not compatible, why then does my printer now print? This is the same trick they pulled with the low ink message.

The HP OfficeJet 5600 All-In-Series user guide describes the extent of the limited warranty. Hewlett-Packard (HP) warrants to the end-user customer that the HP warranty does not cover (3) “any other problems, including those that arise as a result of….
b. “…or supplies not provided or supported by HP”
c. “..operation outside of the products specification”
d. “….unauthorized modification or misuse.”
(9) tells me HP products may contain remanufactured parts, components, or materials equivalent to new in performance.

The preceding warranty gives HP the right to shut down my printer and infringe on my right to the free use and choice in my preference of using a remanufactured cartridge. To close down Cartridge City 100% satisfaction guarantee of their product, and to discourage and destroy competition. What gives HP the right, after 54 days of cartridge use, to then tell me my “printer cartridge not compatible…” It’s not a low ink issue? You see it’s not the cartridge, but it is, continues, and will always be,… the INK! You saw what the warranty does not cover. But shutting down my computer, because the use of outside sources of remanufactured cartridges, are ink supplies “..not provided or supported by HP.”

What is being said is, all other sources of recycled ink cartridges are not of HP standards, and will not allow their printers to operate, or give the consumer the free choice, to decide the ink quality choices in the use by a purchaser of an HP printer. In a 6/22/2006 Chicago Tribune article, “HP warns, Walgreens, Office Max on ink sales.” HP senior vice-president Pradeep Jotwani Stated, “They are using an ink that has specific chemicals or certain chemicals at certain levels that violate our formula for ink.” In other words, the world should run on only ink formulated on HP principals of what ink should be. That warning was to suppress, monopolize, or attempt to monopolize, and control the use of ink. To avoid the anti-trust issue, after a printer programmed predetermined time, you’ll receive a message, in order to shut down your printer, “printer cartridge not compatible…”

From the HP cartridge informational inserts, “HP recycling program. HP offers an increasing number of product return and recycling programs in many countries/regions, as well as partnering with some of the largest electronic recycling centers throughout the world. HP also conserves resources by refurbishing and reselling some of it’s most popular products. It also states, “HP limited warranty… warranty does not cover empty or refilled products, or products that have been misused or tampered with.”

O.K., I understand that. HP does not cover refilled products. So that I also understand, the warranty is on the HP ink cartridge, as noted by the warranty date. I can understand a cartridge being defective. But I don’t understand the refilled statement? If I purchased, or refilled an HP cartridge, I understand there is no warranty. But again why, after using my refilled remanufactured cartridge, under what specific technical conditions has HP determined after 54 days my printer cartridge not compatible?

Previously, I received a HP Newsgram. They were telling me how I should only use HP ink cartridges. “With a 98% reliability rate, you’ll enjoy a hassle-free, worry-free, experience you won’t get from refurbished or refilled ink cartridges.” In other words, suggesting to me, and others, refurbished or refilled cartridges being available, can be used on HP printers. This of course is not entirely true, and intended only to fool the unsuspecting, and naïve, from finding out the HP printers will become inoperative after a predetermined use, even when ink supply and copy quality is not the issue.

Hal Gutterman says:

HP - restraint of trade or interference with equipment via software sabotage

I have an HP 6180 printer and they have put software in the system to block all recycled cartridges thus negating the ability to refill at COSTCO. It has been a nightmare. This is either restraint of trade or a company who damages other peoples devices through the use of software. I was told that they read the serial numbes on the cartridges and then shut down the system when you insert the same serial number. The Chinese couldn’t do it any better; this is commercial hacking.

Add Your Comment

Your email address will not be published.

Have a Techdirt Account? Sign in now. Want one? Register here

Comment Options:

Make this the or (get credits or sign in to see balance) what's this?

What's this?

Techdirt community members with Techdirt Credits can spotlight a comment as either the "First Word" or "Last Word" on a particular comment thread. Credits can be purchased at the Techdirt Insider Shop »