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Stockholm: Estonian startup Bolt said on Tuesday it had raised €628 million ($711.40 million) from investors led by Sequoia Capital and Fidelity Management and Research Co, taking its valuation to €7.4 billion ($8.38 billion).‖

16. Controverting the submissions which were addressed on facts, the respondents asserted that the appellant was essentially engaged in the business of taxi ride-hailing and that its extension into the arena of EV charging docks was restricted to only a few countries and, in any FAO(OS) (COMM) 45/2023 case, could not be regarded as being substantial so as to satisfy the tests as enunciated in relation to transborder or worldwide reputation. It was further urged by the respondents that the EV charging docks which were ultimately installed by the appellant themselves appeared to be restricted to the charging of its own electric scooters.

19. Controverting the assertions with respect to transborder reputation, the respondent averred before the learned Single Judge that for the purposes of maintaining an action based on the principles of passing off, it was imperative for the appellant to have established that it had a goodwill and reputation in India. It was submitted in this respect that the appellant had woefully failed to establish a significant presence in India, a sizable consumer base and that even the cited newspaper articles did not establish a ubiquitous presence and use of the trademark in India.

20. While dealing with the issue of transborder reputation, the learned Single judge has come to record the following conclusions:-

―36. Passing off and trans border reputation 36.1 Where the plaintiff is dealing in goods or providing services, under its mark, within the territory in which the defendant is alleged to have, by adopting a deceptively similar mark, passed FAO(OS) (COMM) 45/2023 off its goods or services as those of the plaintiff, identification of whether the necessary ingredients of passing of do, or do not, exist, is a simpler exercise. Where, however, as in the present case, the plaintiff has no business, whatsoever, in India, matters become complex. Passing off being a tort of capitalization, by the defendant, of the goodwill and reputation earned by the plaintiff, it has to be established that the plaintiff has goodwill and reputation in India.

iv) Sector : The plaintiff and the defendant are both part of the automobile industry making a niche in the EV segment.‖

37. Proceeding then to the issue of transborder reputation, Mr. Sibal submitted that the appellant had been able to establish before the learned Single Judge that it met the tests as laid down in MAC Personal Care Pvt. Ltd. & Anr. v. Laverana GMBH and Co. KG & Anr.5 in support of its claim of transborder reputation. According 2016 SCC OnLine Del 530 FAO(OS) (COMM) 45/2023 to Mr. Sibal, for the purposes of the above, the appellant was enjoined to establish an international reputation and its spillover in India.