TMI Blog2021 (8) TMI 180X X X X Extracts X X X X X X X X Extracts X X X X ..... d trade mark to another person. The said person (another person) cannot oppose further dealing in those goods by the person who has acquired those goods bearing the trade mark. The ratio laid down by the Hon'ble Division Bench of the Delhi High Court, in the judgment, is to be followed for the purpose of dealing with the cases, including that of the petitioner - Petition disposed off. - WP No.22823 of 2012 And MP No.2 of 2012 - - - Dated:- 20-7-2021 - Honourable Mr. Justice S.M.Subramaniam For the Petitioner : 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.52 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i.e., the market contemplated being the international market or the domestic market, would not make sub clause (a) otiose. 6. The Hon'ble Division Bench of the Delhi High Court, in the said order, while discussing the issue, further observed as follows:- (1) Where goods bearing a registered trade mark are lawfully acquired by a person, the sale of the goods in the market by that person is not an infringement of the trade mark by reason only of the registered trade mark having been assigned by the registered proprietor to some other person after the acquisition of those goods. (2) Where goods bearing a registered trade mark are put on the market and are lawfully acquired by a person, the sale of the goods in the market by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bad impression of the product of the respondents and thus to said extent one may recognize a possible damage to the reputation of the respondents pertaining to Samsung/SAMSUNG printers and Samsung/SAMSUNG products sold in India after importation. But, this can be taken care of by passing suitable directions requiring the appellants to prominently display in their shop that the Samsung/SAMSUNG printers sold by them are imported by the appellants and that after sales services and warranties are not guaranteed nor are they provided under the authority and control of the respondents and that the appellants do so at their own end and with their own efforts. This would obviate any consumer dissatisfaction adversely affecting the reputation of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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