Court orders FIR on Hewlett­-Packard’s complaint

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

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.

On the complainant of HP, Chief Metropolitan Magistrate Veena Rani said that the firm has alleged that some unknown persons or firms or companies are indulging in the manufacturing and selling of identical products. ‘Some identical firm are selling 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.

The court has pondered on the issue of loss to the complainant firm. ‘They (unknown accused) 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,’ said the court.

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 court also said that allegations make sense, which requires investigation. ‘At the time of argument, I have also been shown two adapters/laptop chargers one of which is counterfeit. I am satisfied that an investigation is required into the allegations,’ the court said.

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