THE HIGH COURT OF NEW DELHI, allowed the Petition filed by Samsung Electronics Company (Petitioner) and restrained Kapil Wadhwa and others (Defendants) from importing, exporting, dealing in printers/ink cartridges/toners bearing the trademark of Samsung and using the Trademark 'Samsung' in any manner.
Further the High Court granted liberty to the Petitioners to take action against the Defendants in accordance with the law and henceforth dismissed the application filed by the defendants.
FACTS OF THE CASE:
- The act of the Defandents amounted to infringement of Trademark Law as the Trademark Law prohibits the sale of imported genuine products without the authorization of the registered proprietor in India.
- Parallel importation and unauthorized sale of goods bearing registered trademark 'Samsung' deprived the Petitioner to legitimately carry on the business under mark 'Samsung'.
Date of Judgment: February 17, 2012
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