IBM Corp and Lexington, Kentucky-based Lexmark International Inc are very jealous of their toner cartridges which are made by Lexmark but bear the IBM name, and they have filed suit in Los Angeles against Graphic Technologies Corp accusing it of violating IBM’s trademark rights and copying its packaging design in connection with the remanufacturing and reselling of used toner cartridges: the suit alleges that Graphic Technologies sold toner cartridge shipping cartons that mimic IBM’s logo and packaging design to cartridge refillers and that it deceptively sold refilled one-time-use IBM LaserPrinter toner cartridges; IBM and Lexmark are asking the court for a preliminary injunction that would require the company and its principals to cease using the IBM trademark, change their packaging and clearly label their products to avoid confusion among dealers and consumers; they are also seeking monetary damages.
