INDO COSMESI PVT. LTD. Vs. CC

JUDGEMENT

(1.) THE appellant M/s Indo Cosmesi Pvt. Ltd., Nehru Place, New Delhi imported from M/s JJR International Pvt. Ltd., Singapore, a consignment of lipsticks and lipliners bearing brand name/trade name 'Oriflame' and filed Bill of Entry No. 332548 dated 16.11.2001 for its clearance before Customs authorities at Delhi. Based on a complaint from M/s Oriflame India Ltd., the authorities held up the clearance of the consignment. The dispute was adjudicated by Deputy Commissioner of Custom, Patparganj, New Delhi under Order -in -Original No. 17/2002 dated 25.9.2002. This adjudication order directed "release of goods.. subject to production of No Objection Certificate from M/s Oriflame International who are registered owner of trade mark 'Oriflame". Aggrieved with this order, the importer filed an appeal before Commissioner (Appeals). The Commissioner dismissed the appeal holding that "there is no reason for me to interfere with the impugned order in original" as "the appellant have failed to bring any such consent from M/s Oriflame International or its subsidiary M/s Oriflame India".

(2.) THE present appeal is directed against the aforesaid order.

(3.) THE contention of the appellant is that the Customs authorities were entirely without jurisdiction in holding up the consignment and directing the production of a No Objection Certificate from M/s Oriflame International or M/s Oriflame India. During the hearing of the case, learned Counsel for the appellant submitted that the direction is contrary to the finding in the impugned order itself. The submission is that the objection raised by M/s Oriflame India Ltd., was that it enjoyed the sole right to use 'Oriflame' trade mark in India and the appellant could not import into India and trade in India goods with that brand name. The learned Counsel has emphasized that it is clear from the finding of the Commissioner that Customs authorities have no jurisdiction to go into a trade dispute of this nature. The grievance is that despite this finding, an order in favour of M/s Oriflame has been passed. It is also pointed out that in the present case, there is no serious assertion that the imported goods were bearing a false brand name so as to attract provision of Section 77 of the Trade and Merchandise Act, 1958. Nor is there any finding to that effect.