Cartridge World Germany wins victory in Brother case

Penny-Market, a nationwide chain of German supermarkets, part of the REWE Group of supermarkets, was sentenced by a Chamber for Commercial Matters in the Cologne District Court via cease-and-desist order to desist from advertising as follows:
 
“- 3 years guarantee. ATTENTION: only for use with original Brother ink cartridges, otherwise the guarantee ceases! – “
 
The judgement is final and absolute because REWE – and with it Brother – accepted the judgement and waived any remedy. The judgement is in force across Germany.
 
The court confirmed the argument of Cartridge World, that the advertising violates the German Act against Unfair Practices. Using refilled cartridges has no legal impact on (extended) warranties or guarantees.
 
Brother was banned from promoting Brother cartridges with a warranty that insists consumers use original Brother cartridges.
 
An administrative fine of €250.000 may be issued by the court in the case of non-compliance with the ruling.
 
Horst Gerhard Edelmeier, Managing Director of Cartridge World Germany, commented “Because of our financial position being a member of the aftermarket it is sometimes difficult to counter the OEMs’ systematic misinformation. This time we are glad to see that justice prevailed. In our Cartridge World shops we manufacture and refill Brother cartridges very successfully. Using OCP inks, our refilled cartridges are without any reasonable doubt of highest quality und absolutely comparable with originals from Brother and other manufacturers. We of course respect the patents of the OEMs. In return we expect the OEMs to observe the law and the rules of fair play and not to distort competition via unfair and dishonest means.”
 
Brother and REWE have both been contacted for their comment on the case, but neither has responded at this time.