https://www.taxtmi.com/caselaws?id=111096 Recycled imported inkjet cartridges bearing a pre-existing HP mark raised the question whether customs could treat the mark as falsification or trade mark infringement under Section 77 of the Trade and Merchandise Marks Act, 1958. The record indicated that the goods were intended for sale under a different brand and that the HP logo had not been tampered with in the statutory sense. Since infringement was a matter for the competent authority, customs could not conclusively reject clearance on that basis. The impugned orders were set aside and the matter was remanded for fresh adjudication in accordance with natural justice. en-us Wed, 10 Dec 2003 00:00:00 +0530 Fri, 20 Apr 2012 12:53:44 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=111096 Recycled imported inkjet cartridges bearing a pre-existing HP mark raised the question whether customs could treat the mark as falsification or trade mark infringement under Section 77 of the Trade and Merchandise Marks Act, 1958. The record indicated that the goods were intended for sale under a different brand and that the HP logo had not been tampered with in the statutory sense. Since infringement was a matter for the competent authority, customs could not conclusively reject clearance on that basis. The impugned orders were set aside and the matter was remanded for fresh adjudication in accordance with natural justice. Case-Laws Customs Wed, 10 Dec 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=111096