2021 (8) TMI 180

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....D dated 08.05.2012. 2. The petitioner states that the present writ petition is filed against the modified order dated 21.06.2012 passed by the second respondent reversing the findings of the third respondent on the grounds that they are perverse and bad in law. 3. The Hon'ble Division Bench of the Hon'ble Delhi High Court passed an order on 03.10.2012 in the case of Kapil Wadhwa and Others vs Samsung Electronics Co. Ltd and Another [(2012) 194 DLT 23 (DB)] and held that Section 30(3)(a) of the Trade Marks Act, 1999 deals with a situation where the registered proprietor of a trade mark sells the goods bearing the trade mark of a person and thereafter assigns the registered trade mark to another person. The said person (another ....

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.... market." 7. The Hon'ble Division Bench of the Delhi High Court, in paragraph 73 of the judgment (cited above), observed as under:- "It is not the case of the respondents that the appellants are changing the condition of the goods or impairing the goods which are put in the foreign market by respondent No.1 or its subsidiary companies abroad. What is pleaded is that the physical features of the printers sold abroad are different from the features of the printers sold in India. But this is irrelevant as long as the goods placed in the International market are not impaired or condition changed. It is pleaded that the respondents have no control pertaining to the sale, distribution and after sales services of its goods which ar....