XEROX CORPORATION Vs. SAILASH PATEL

JUDGEMENT

(1.) IN this suit, the defendants can be categorised into three categories:-

(2.) IN this suit, the case of the plaintiffs is that the importers are unlawfully importing second hand office automation equipments which include photocopiers under the brand name of "xerox" which are subsequently refurbished in India and sold to resellers, who, in turn, sell the machines to jobbers / photocopying shops. On some occasions, the importers sell directly to the jobbers / photocopying shops. The plaintiffs alleged that the defendants" said activity is unlawful and amounts to infringement of the plaintiffs" trademark "xerox". Apart from this, it was alleged that each of the machines has an inbuilt software for operating the hardware. When the machines are powered on, the flash screen displays a distinctive "x" logo in which the plaintiffs 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 to the jobbers / photocopying shops. It was the case of the importers that such equipments are legally and validly imported and sold on "as is where is basis". It is contended on the part of the defendants that the goods imported into India by them and sold in India, either directly or through resellers, are genuine goods originating from the plaintiffs" company, although they are second hand products. It is stated that at the time of importation as well as at the time of subsequent sale, it is clearly represented by the defendants that the goods are not new but second hand.