2008 (5) TMI 766

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....fendants : Ms Pratibha M. Singh with Mr Sudeep Chatterjee BADAR DURREZ AHMED, J (ORAL) 1. In this suit, the defendants can be categorised into three categories:- i) Importers ; ii) Resellers ; and iii) Jobbers / Photocopying Shops. Some of the importers also engage in the activity of reselling. The plaintiffs have not claimed any reliefs against the defendants w....

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....iffs claim copyright in respect of the artistic work involved therein. 3. The defendants had denied that the plaintiffs are the proprietors of the trademark "Xerox". They have also denied that their activities are unlawful. The importers claim that they have imported second hand machines with the brand name "Xerox" and thereafter the same have been sold to resellers and, in some cases, directly....

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....he suit and in the course of arguments, the parties have agreed to compromise / settle the disputes in the following manner:- 1) The defendants, who are importers and resellers, shall affix the following disclosure on each of the second hand Xerox machines imported / sold by them:- i) Second hand and used machine not imported directly from Xerox Corporation or any of its affiliat....

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....publicity materials, manuals, advertising and other communications to the public by the defendants in respect of the said Xerox machines. 4) In case, after importation, any changes to the said machines are made by the defendants, the mark "Xerox" shall be removed from them before further sale / use so as to indicate to the purchasers / users that the machines are not Xerox machines. ....