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HC held that import and resale of genuine trademarked goods are permissible under international exhaustion principles, subject to proper disclosure of second-hand or refurbished status. In this case, the defendant's imported goods were seized at customs before reaching market. The court permitted release of seized goods to defendant, mandating they be sold only as scrap after removing plaintiff's trademark. The key legal principle established is that importers can bring in end-of-life goods bearing original trademarks, provided complete transparency is maintained regarding the goods' condition and warranty status.
HC held that import and resale of genuine trademarked goods are permissible under international exhaustion principles, subject to proper disclosure of second-hand or refurbished status. In this case, the defendant's imported goods were seized at customs before reaching market. The court permitted release of seized goods to defendant, mandating they be sold only as scrap after removing plaintiff's trademark. The key legal principle established is that importers can bring in end-of-life goods bearing original trademarks, provided complete transparency is maintained regarding the goods' condition and warranty status.
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