PARALLEL IMPORTS
used machine not imported directly from Xerox Corporation or any of its affiliates; (ii) Not serviced or maintained by Xerox Corporation or any of its affiliates; (iii) Tis machine has been sold exactly as received by the importer/reseller. It has not been altered in any way or examined for operability or completeness by the importer/reseller. No part or any accessories have been added or removed by the importer/reseller; (iv) Tis machine is not covered by any guarantee or warranty from Xerox Corporation or any of its affiliates.
2. Te aforesaid disclosure shall appear prominently on each of the second-hand machines at a prominent place in the front of the machines where the word Xerox appears on the machines so that the same can be easily viewed by customers. Te disclosures shall be permanently affixed on the machines.
3. Te same disclosure shall also be incorporated in publicity materials, manuals, advertising and other communications to the public by the defendants in respect of the said Xerox machines.
4. In case, aſter 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.
5. Once the said disclosure has been affixed on the machines by the importers and/or the resellers, the other defendants (jobbers/ photocopying shops) shall not remove or obliterate the same.
Thus, although the parallel import of goods under trademark of the proprietor may be permitted under the Trade Marks Act, 1999, it is subject to the proprietor of the mark not opposing further dealings with such products if it has any legitimate reasons for such opposition.
Himanshu Bagai is a senior associate at Luthra & Luthra Law Offices. He can be contacted at:
hbagai@luthra.com
Himanshu Bagai is a part of the intellectual property, media entertainment group at Luthra & Luthra. He graduated from Delhi University in 1999 with a Bachelor of Arts degree and went on to complete his LLB degree from Campus Law Centre, Faculty of Law, Delhi University, in 2002. He practises IP litigation, including copyright and trademark infringement actions, and emerging areas of law such as life sciences law. His practice covers litigation as well as general trademark, copyright law advisory, e-commerce issues such as data protection, privacy and issues in media law such as defamation.
www.worldipreview.com
World Intellectual Property Review September/October 2010
31
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