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Showing contexts for: transborder in Cluett Peabody & Co. Inc. vs Arrow Apparals on 24 October, 1997Matching Fragments
21. Mr. Tulzapurkar next contended that a trade mark with transborder reputation and goodwill needs protection from passing off even without evidence of actual user. He contended that reputation in respect of trade mark may be international and yet it will give right to the plaintiffs in India even if there is non user of the mark on the goods in India. He contended that plaintiffs' reputation in the World has crossed over to India and when an Indian buyer visits the Retail Shop, he is likely to associate the mark ARROW with the trading style and name of the plaintiffs. Mr. Tulzapurkar accordingly submitted that dishonest intention is not material, but as a consequence, if injury is caused to plaintiffs proprietary rights because it is on plaintiffs reputation that the defendants are trading, then the Court would grant injunction and protect the reputation and goodwill of the said mark in the passing off action. Mr. Tulzapurkar invited my attention to various advertisements referred to hereinabove in various Magazines viz., TIME ESQUIRE etc. and contended that when Indian tourists went abroad and found that the mark ARROW had World reputation and when they came back to India, if any of the tourists adopted the mark illegally, then notwithstanding the fact that there is no actual user of the mark in India by the plaintiffs, even then a mark with transborder reputation and goodwill is required to be protected from passing off notwithstanding the fact that there is no evidence of actual user in India.