Dell Case on Parallel Import/Trade Mark Exhaustion Key Words: parallel import, trade mark exhaustion, national exhaustion, international exhaustion FACTS: In this case, three Indian importers filed Bills of Entry for import clearance of Dell laptops. These laptops were imported into India from China. On examination of the goods it was found that they were subject…
Hindustan Lever Ltd. v. Briju Chhabra CS(OS) 2345 of 2000 Key Words: parallel import, exhaustion principle, trade mark Facts: Here, the plaintiff HLL was the registered proprietor of the trade mark LUX and LUX label in respect of toilet soaps within India. Unilever, PLC is the principal company and registered proprietor of the trade mark LUX…
Samsung Electronics Co. Ltd. v. Kapil Wadhwa C.S. (OS). No.1155/2011 Decided on 17.02.2012 Keywords: Parallel Import, Exhaustion Principle, National Exhaustion, International Exhaustion, Trade Mark, Market FACTS: The first plaintiff, Samsung Electronics Company Ltd. (P1) was a company incorporated in Korea. The second plaintiff, Samsung India Electronics Pvt. Ltd. (P2) was a company in the same…
L’Oreal SA v. eBay International AG (C-324/09) [2011] R.P.C. 27 Key Words: Parallel Import, Exhaustion, Europe, Trade Mark, Infringement, eBay, put on the market, reputation, online sale Legal Provisions: EU Trade Mark Directive: Article 5 – According to Article 5(1) of the Directive, the registered trade mark confers on the proprietor exclusive rights therein. In addition, Article 5(1)(a)…
Louis Vuitton Mallettier v. Abdul Salim and Others CS(OS) 90/2006 Key Words: Parallel Import, Exhaustion, Trade Mark FACTS: This suit was filed for protection of rights in the trademark “Louis Vuitton”, trademark/logo “LV” and the “Toile monogram” design. The plaintiff as the registered proprietor of the aforesaid marks/logo/monogram sought order against the defendants from selling,…
M/s General Electric Company v. Altamas Khan and Ors. CS(OS) No.1283/2006 Keywords: Parallel Import, Exhaustion, Trade Mark FACTS: The plaintiff, General Electric Co. filed a suit against the defendants to restrain them from misrepresenting themselves as authorized distributors of the plaintiff and from trading as GE Dehumidifiers or in any other deceptively similar trading style and…
CISCO Technologies v. Shrikanth 2005 (31) PTC 538 (Del) Key Words: Parallel Import, Exhaustion, Trade Mark Act Facts In this case, plaintiff CISCO was selling its products used in computer hardware since the year 1984 under the trademark ‘CISCO’ and was using a ‘Bridge Device’. It was submitted that the product of the plaintiff is…
Warner Bros. Entertainment Inc. and Others v. Santosh V. G. CS (OS) No. 1682/2006 Relevant Law(s): Section 14 and 51 of the Copyright Act, 1957 Key Words: copyright, cinematographic works, parallel import, exhaustion PARTIES: The Plaintiffs (P), their associated and affiliated companies carry on business of film production and are the owners, co-owners, assignees, licensees of rights, titles and have interests…
Hollister Inc. v. Medik Ostomy Supplies Ltd. [2013] F.S.R. 24 Full Text here Key Words: Parallel Import, Exhaustion Principle, Trade Mark FACTS H owned trade marks for medical products. M had imported H’s products into the United Kingdom and repackaged them for sale. In doing so, it had breached the requirement[1] that the importer give notice to…
Oracle America Inc. (Formerly Sun Microsystems Inc.) vs. M-Tech Data Ltd. [2012] UKSC 27 Full Text here Key Words: Parallel Import, Exhaustion Principle, Trade Mark RELEVANT PROVISION(S): EU Directive 89/104 (available here) Article 5: According to Article 5(1) of the Directive, the registered trade mark confers on the proprietor exclusive rights therein. In addition, Article 5(1)(a) provides that…