December 18, 2005

Courts give non-negotiable contracts the green light

Jessica Litman of the WSU Law School is quoted in an article about the legal efforts of large inkjet cartridge manufacturers to halt competition from smaller companies that refill cartridges. The article examines complicated legal aspects of the case, including Lexmark's use of a license agreement on boxes containing its product. "The little print on packages doesn't look like a contract to me," Litman said. "It looks like a unilateral declaration. The appropriate way to analyze box-wrap is that if you buy a Lexmark cartridge from OfficeMax, you have a contact with OfficeMax, not Lexmark."

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