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CS (COMM) No774/2016 Page 9 of 17

11. Qua transborder reputation the learned counsel for the defendant has referred to Toyota Jidosha Kabushiki Kaisha vs. Prius Auto Industries Ltd.& Ors. 2018 (73) PTC 1 SC the Court held:

"13. xxxxx The Division Bench further held that prior use of the trade mark in one jurisdiction would not ipso facto entitle its owner or user to claim exclusive rights to the said mark in another dominion. It was, therefore, necessary for the plaintiff in the case to establish that its reputation had spilled over to Indian market prior to April, 2001."