Editor’s note: In late January the International Imaging Technology Council (Int’l ITC), a not-for-profit trade association that represents the interests of the world’s imaging supplies industry, including office machine retail and repair; office supply retail and remanufacturing; computer retail, repair, and networking companies; and all related industry suppliers passed a resolution focused on the new clone cartridges sometimes called or misrepresented as the “new, compatible” or “new, remanufactured” cartridges and the effect they have on remanufactured, environmentally friendly cartridge sales. This article by Tricia Judge, delves into the specifics of the resolution and what it means to resellers.
Tricia Judge
As the demand for printer cartridges has grown, so has the supply of illegal products. Counterfeit cartridges, poorly-refilled cartridges bearing labels identical to the OEM ones and packaged in identical OEM boxes, are ubiquitous and illegal.
New, clone cartridges are brand new cartridges that look identical to the OEM versions, but are not sold as new OEM. Also appearing are new cartridges that are sold as “remanufactured,” when they are not. These cartridges most likely violate the OEMs’ intellectual property rights, and clearly misrepresent the product to the consumer.
The International Imaging Technology Council was organized to unify and advance the interests of the different elements of the aftermarket imaging supplies industry, including and especially the benefits of cartridge remanufacturers. This industry provides an important imaging product while withholding thousands of tons of plastics from landfills and employing U.S. citizens. The members of the International Imaging Technology Council represent businesses that are in particular danger because of these “clone” products. The clones, “new compatible” or “new remanufactured” cartridges are appearing on the market at prices that are far less than what the remanufacturers would spend to rebuild one. These products are often inferior to legitimate remanufactured cartridges and are therefore giving “remanufactured” branded products a bad reputation.
The Internet exacerbates this situation, as unscrupulous companies can easily and readily sell the offending cartridges anonymously and without concern for repercussions. Often Int’l ITC members have customers who direct them to such pages showing deeply discounted cartridges and are asked to match the price.
Another problem lies with what the aftermarket calls the “core,” the empty shell of the cartridge. This is a sophisticated piece of plastic and metal that is the lifeblood of the industry. Without cores, there can be no remanufactured cartridge. Cores therefore have great value. If a core has a value of $13, but a newly-molded compatible core can be bought for $3, the remanufacturer cannot compete.
Even worse, these cores look identical to legitimate cores. Therefore a remanufacturer runs the risk of unknowingly buying a core that violates intellectual property rights and subsequently selling it after remanufacture.
The Int’l ITC and its members respect the legitimate intellectual property rights of the OEMs.
A “new, remanufactured” cartridge is one that is one that is a new-molded product, which is misrepresented as being remanufactured. All “new compatible cores” do not include the use of aftermarket conversion waste hoppers or aftermarket toner hoppers used for high yield, extended life cartridges.”
Most legitimate remanufacturers have used these types of plastics for years and they are often needed to convert to newer models from older, more readily available cartridges. Such articles are covered by the laws related to the repair doctrine and have been employed for many years.
Likewise, other toner tube/dual component new-build toner units, which sold for years for copier products, are not the subject of this resolution. The full impact of these illegal products is widespread and hard to quantify. One industry representative thinks that these products may have already secured 10 percent of our market.
Therefore, the Int’l ITC resolves that: its members will refrain from buying or selling products they know or have reason to believe are clones: new compatible cartridges or new compatible cores; new, remanufactured cartridges; or any cartridges that may infringe valid intellectual property rights. (Membership privileges may be revoked for companies found manufacturing or distributing these products. The revocation of privileges will be considered on a case-by-case basis.)
