- Court
- Delhi High Court
- Date of judgment
- Judge
- C. Hari Shankar
- Outcome
- Injunction granted
Headnote
Appeals dismissed in a dispute over the resale of hard disk drives said to have reached end of life. The Division Bench held that a technical report by a staff engineer could not form the basis of a conclusion at the Order XXXIX stage until its author was cross-examined, and that in any event the report showed only that the drives were old, some inoperable, not in their original packaging, and carried stickers obscuring the date of manufacture, none of which showed any restriction on further sale by the original equipment manufacturers. The permission granted below to affix the respondents' own mark did not offend sections 29(2) or (7), there having been no effacing of the appellants' mark and no likelihood of confusion.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.