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 HewlettPackard and also of HP logo in respect of computers, hardware, software, peripheral, scanner, photocopier, etc. and is also engaged in marketing of toner and inkjet cartridges, printing inks, etc.
HP alleged that the accused persons have infringed and are abetting the infringement of its trade mark and all the illegal activities are being committed by the accused solely with a view to trade upon the goodwill and reputation of the company and to earn profits in an illegal manner.
It said that it had filed a complaint before the DCP South East in Sarita Vihar on January 15 against the unknown accused persons but police was "not taking any action" against such persons and thereafter, it filed the complaint in the court.