2003 (12) TMI 465

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....na, JDR, for the Respondent. [Order]. -  The issue 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 ....

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....ent or otherwise." 4. The lower authorities held that existence of HP logo amounts to breach of Trademark. The appellants dispute 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 ....

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.... 5. In any event, the appellants themselves did not indent for the goods bearing HP mark. Since the process of recycling involves correction 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        ....