2003 (12) TMI 465

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ssue raised in the instant appeal relates to infringement of the provisions of Section 77 of the Trade and Merchandise Marks Act, 1958. The appellants imported a consignment of recycled inkjet cartridge declaring them as Expert Recycled Inkjet Cartridges for HP printers of various models. On examination of goods, it was revealed that, these were recycled inkjet cartridges containing old PCB and ot .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... this claim. As can be seen from the facts of the case, the imported inkjet cartridges are supplied by overseas supplier and are intended to be sold under the brand name Expert . Notwithstanding this, one side of the cartridge has an engraved brand name/logo of Hewlett Packard. It is obvious that the imported goods are reconditioned ones, made from old used inkjet cartridges. It is but natural tha .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... on of old and used cartridges, such situations are bound to crop us and in the interest of justice, I feel that the request of the appellants to either (a) Allow the clearance after defacing the HP logo or (b) allow the appellants to re-export the goods deserve a second look. 6. Accordingly, I set aside the orders passed by the lower authorities and remand the matter to the As .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X