Delhi High Court Upholds Right to Parallel Import Second-Hand Trademarked Goods with Disclosure

The Delhi High Court has affirmed that any person in India may legally import goods from abroad bearing a registered trademark and sell them, subject to full disclosure that the goods are second-hand and not covered by the original manufacturer’s warranty.

The ruling came in a case filed by Western Digital Technologies against the resale of its hard drives. The defendant claimed that it had legally purchased the goods from the Original Equipment Manufacturer, and a 2012 CBEC circular permitting parallel imports.

Relying on Kapil Wadhwa and Daichi, the Court upheld that such imports are permitted under Section 30 of the Trade Marks Act if proper disclosure is made to consumers.