New Delhi: The Delhi High Court has partially set-aside its earlier judgement, which had restrained a city firm from importing and selling Samsung printers and other materials.
A bench of justices Pradeep Nandrajog and Siddharth Mridul gave the direction on a plea by the Director of the firm, Champion Computers, challenging the decision of a single-judge of the high court which had restrained it from the importing and selling the Samsung printers and other materials.
The court, however, directed the computer firm to clearly display in its showroom that it would provide - and not the Samsung Electronics - the warranty and after-sales service for the Samsung goods sold by it.
"The appeal is partially allowed. Impugned judgment and order of February 17, 2012 is set aside insofar the appellants have been restrained from importing printers, ink cartridges or toners bearing the trade mark Samsung and selling the same in India.
"But while effecting sale of Samsung/SAMSUNG printers and ink cartridges/toners, the respondents shall prominently display in their showrooms that the product sold by them have been imported from abroad and that respondents (Samsung Electronics) do not give any warranty qua the goods nor provide any after sales service and that the warranty and after sales service is provided by the appellants personally," the bench said.
The court, however, said that Champion Computers will "continue to remain injuncted from meta-tagging (linking) their website to that of respondent (Samsung Electronics)."
The high court also said the single judge bench had followed an "erroneous approach" to conclude that import of goods into India needed the consent of the registered trade mark owner. The grievance of Samsung Electronics was that Champion Computers were purchasing, from the foreign market, printers manufactured and sold by Samsung and after importing the same into India are selling the product in the Indian market under the trade mark of Samsung.
The electronic goods giant had alleged that the computer firm was infringing its registered trade mark.
Samsung had also alleged that the firm was operating its website by meta-tagging (linking) the same to the website of Samsung.
Samsung has alleged that injury would be caused to the consumer in India who may be paying less for the printers in question, but are misled to believe that they are purchasing an authorised Samsung product.
However, the computer firm had pleaded that its act of import and sale of printers in India is authorized and their sale in the Indian market is legal and valid.
First Published: Friday, October 5, 2012, 21:17