Court or­ders FIR on Hewlett-Packard's com­plaint

The Political and Business Daily - - METRO/NCR -

A Delhi court has or­dered lodg­ing of a crim­i­nal case against un­known per­sons for al­legedly cheat­ing IT ma­jor Hewlett-Packard by in­fring­ing its trade­mark and sell­ing spu­ri­ous car­tridges un­der its name.

Chief Met­ro­pol­i­tan Mag­is­trate Veena Rani or­dered reg­is­tra­tion of FIR on the com­plaint of US-based HP.

The court di­rected the SHO of Eco­nomic Of­fence Wing (EOW) of Delhi Po­lice to reg­is­ter the case against un­known per­sons un­der rel­e­vant pro­vi­sions of law and in­ves­ti­gate the mat­ter.

"In this case the com­plainant(HP) has specif­i­cally averred that some un­known per­sons/firms com­pa­nies are in­dulging in the man­u­fac­tur­ing and sell­ing of sim­i­lar and iden­ti­cal spu­ri­ous toner car­tridges, inkjet car­tridges, print­ing inks, ton­ers un­der the trade mark 'HP'(logo) and 'Hewlett Packard' in the area of Nehru Place, New Delhi with­out au­tho­ri­sa­tion of the com­plainant com­pany," the court said.

"... They have also been us­ing the name and ad­dress of the com­plainant com­pany and this is caus­ing se­vere losses to the com­plainant com­pany both in terms of money as well as in terms of rep­u­ta­tion," it said.

"At the time of ar­gu­ment, I have also been shown two adapters/lap­top charg­ers one of which is coun­ter­feit. I am sat­is­fied that an in­sti­ga­tion is re­quired into the al­le­ga­tions," the judge said.

"I, there­fore, di­rect the SHO/EOW to reg­is­ter an FIR and con­duct the in­ves­ti­ga­tion in the mat­ter with the help of the com­plainant herein. Orig­i­nal com­plaint be handed over to the SHO/EOW af­ter re­tain­ing a copy of the same on record as per rules," the judge said.

HP had ap­proached the court seek­ing reg­is­tra­tion of case against some un­known per­sons and firms un­der sec­tion 63 (of­fence of in­fringe­ment of copy­right) of the Copy­right Act and for cheat­ing, mak­ing or pos­ses­sion of any in­stru­ment for coun­ter­feit­ing a property mark and sell­ing goods marked with a coun­ter­feit property mark un­der the IPC.

The com­pany had also sought FIR un­der the pro­vi­sions of the Trade Marks Act re­lat­ing to penalty for ap­ply­ing false trade marks, trade de­scrip­tions, etc. and penalty for sell­ing goods or pro­vid­ing ser­vices to which false trade mark or false trade de­scrip­tion is ap­plied.

The com­plaint said that the com­plainant com­pany is the reg­is­tered pro­pri­etor of trade mark Hewlett-Packard and also of HP logo in re­spect of com­put­ers, hard­ware, soft­ware, pe­riph­eral, scan­ner, pho­to­copier, etc. and is also en­gaged in mar­ket­ing.

Newspapers in English

Newspapers from India

© PressReader. All rights reserved.