9911796707
TMI Blog2021 (8) TMI 180X X X X Extracts X X X X X X X X Extracts X X X X ..... er : Mr.Rahul Balaji For the Respondents : Ms.Lydia ORDER The relief sought for in the present writ petition is to call for the records pursuant to the order passed by the first respondent comprised in F.No.528/21039/08-Cus/ICD and quash the Circular No.13/2012 bearing Reference No.F.No.528/21039/08-Cus/ICD dated 08.05.2012. 2. The petitioner states that the present writ petition is filed agai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 30(3)(b) which deals with goods having been put on the market under the registered mark by the proprietor or with his consent and are lawfully acquired by a person and the further sale of the said goods in the market. 5. Further, the Hon'ble Division Bench of the High Court of Delhi, held as follows:- "It is here where the issue of lawful acquisition of the goods, when put in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n, the sale of the goods in the market by that person is not infringement of the trade mark by reason only of further sale in the market." 7. The Hon'ble Division Bench of the Delhi High Court, in paragraph 73 of the judgment (cited above), observed as under:- "It is not the case of the respondents that the appellants are changing the condition of the goods or impairing the goods which are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... abroad, but imported into India and further sold, they not being responsible for the warranty of those goods, nothing turns thereon, as regards said plea. There may be some merit that the ordinary consumer, who is provided with warranties and after sales by the appellants, on not receiving satisfactory after sales service, may form a bad impression of the product of the respondents and thus to sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in Samsung/SAMSUNG products in India." These principles are to be followed and to be applied in the case of the petitioner also. 8. The learned counsel for the petitioner made a submission that the Civil Appeal No.8600/2013 is now pending before the Hon'ble Supreme Court of India and there is no interim order as such. Thus, as of now, the ratio laid down by the Hon'ble Division Bench of ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
