S.C.C. Official Press Releases of U.S. Supreme Court Trial Vs. Lexmark

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S.C.C. Official Press Releases of U.S. Supreme Court Trial Vs. Lexmark

 user 2013-12-10 at 10:49:08 am Views: 216
  • #30391

    S.C.C. Official Press Releases of U.S. Supreme Court Trial Vs. Lexmark
    Supreme Court Hears Static Control’s False Advertising Lawsuit Against Lexmark

    SANFORD, NC – (December 5, 2013) – On Tuesday, December 3, the U.S. Supreme Court heard oral arguments regarding the case between Lexmark and Static Control. A decision will not be made for months, but the leaning of the court strongly favored another win for Static Control.

    Static Control’s claims against Lexmark are based, in part, on Lexmark falsely telling remanufacturers that remanufacturing “Prebate” cartridges was illegal. The Lanham Act, a federal statute, prohibits false advertising. The trial court initially rejected Static Control’s Lanham Act claim, but the Sixth Circuit reinstated it. Lexmark asked the Supreme Court to overrule the Sixth Circuit.

    Early on in the argument, things favored Static Control. Justice Sotomayor interrupted Lexmark’s lawyer stating: “You’re disparaging the goods of a person. You’re saying that it’s illegal to use that person’s products. It seems to me that’s the essence of the Lanham Act as it’s now written.”

    Justice Ruth Bader Ginsburg also seemed to favor a ruling for Static Control, commenting: “Here is an entrepreneur that says, ‘We make a product and Lexmark is disparaging our product. It is essentially trying to get us out of this line of business. Certainly if you just read the words of the Lanham Act, this is allegedly false advertising.”

    “We are extremely pleased with how things went today,” said Static Control’s President Bill Swartz. “We look forward to the court’s decision in June.”

    For more information regarding Static Control, contact a Static Control sales representative:

    US Headquarters: Toll-Free: +1-800-488-2426

    US Headquarters: Tel: +1-919-774-3808

    Europe Headquarters: Tel: +44-118-923-8800

    Asia Headquarters: Tel: +852-2427-6011

    Visit: http://www.scc-inc.com

    Visit: http://www.scceurope.co.uk

    Visit: http://www.scc-inc.cn

    Static Control will ONLY sell to genuine cartridge remanufacturers. We will not sell to manufacturers of new build/clone ink and laser cartridges.