Xerox Compromise: Disclosure To Be Affixed

The value and repute of a well-established brand is undisputed. In such a case, while litigation may go on for long, parties sometimes find viable solutions in settlements. As witnessed in the case of Xerox Corporation and Anr. v. Sailash Patel and Others 2008 (37) PTC 526 (Del.), the Delhi High Court affirmed and validated the settlement arrived between the two parties, as regards the sale and distribution of its second hand products.

Xerox Corporation alleged Sailash Patel and his co-parties, of infringing and conducting unlawful activities with respect to their trademark "Xerox". They alleged them of importing second hand office automation equipment, which were refurbished in India and sold to sellers, who in turn sold the equipment to jobbers/photocopiers. They claimed that an exclusive inbuilt software enabled the functioning of the hardware and that on switching on the equipment, a green light