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10. The reputation claimed by the plaintiff is on account of news items in several international newspapers such as Time Magazines, New York Times, The Times, Evening Standard, PS Magazine, Detroit News and Fees Press, Daily Heralds, Las Vegas Review Journal, who devoted their column to BUDDHA BAR restaurant and BUDDHA BAR music albums and both were linked to high fashion and to celebrities. These publications have wide circulation abroad and in India and moreover the circulation of these news items were prior to February, 2002. Several Indian Newspapers and magazines such as Times of India, Mid Day, The Hindustan Times, Indian Express, The Hindu etc. spoke of the international renown of mark BUDDHA BAR. In connection with the restaurant and music albums and praised their high quality of music linking it with well-known celebrities. The Indian Press/Media coverage of the mark BUDDHA BAR and the music associated therewith suggest spill-over transborder reputation into India. The contribution by Indian artists of renown like Anaida to BUDDHA-BAR albums prior to February, 2002 as well as interviews of these artists in local newspapers extolling the virtue of the opportunity to participate in the BUDDHA-BAR experience and music and the television coverage received on satellite television channels such as FTV, beamed into Indian in June-July, 2001 of the fashion show held by designer Ritu Beri in the BUDDHA BAR restaurant in Paris, which brought awareness of the mark BUDDHA BAR. In India as well as in relation to music albums. The plaintiff placed on record a large number of documents by way of articles, pictures, interviews and write up to establish spill over reputation extending right up to the date of the suit. It does not make any difference in case the said items are downloaded from the internet when actual excerpts of news items appeared in original publications. The plaintiff's case is that in an action for passing off and trans-border reputation, it is not necessary for the plaintiff to show that he was trading within, the country. The admission of the reputation of the owner of the brand names in its advertisements amounts to user of the same. The plaintiff has been selling CD's since 1999 in abroad and these music albums are in demand abroad. Circulation of the music albums as internationally recognised as would be evidence from the various articles in the journals and newspapers, magazines copies whereof have been placed on record. There is spate of Indian publications and foreign publications on record where the mark BUDDHA BAR and music albums recognising the reputation and goodwill of the plaintiff in the mark BUDDHA-BAR and music albums and its popularity in foreign country, which spilled over into India. The music albums have also been sold through internet.

20. The defendant failed to given any satisfactory explanation/justification in relation to adoption and use of the mark BUDDHA BAR. It appears that name was picked up from the spill over reputation of the said mark in India by the plaintiff and the defendants must be aware at the time of user. The adoption of the mark by the defendant cannot prima facie be recorded as honest

21. It is well settled law that in action of passing off and transborder reputation, it is not necessary to insist that the plaintiff must be trading within the country. The admission of the reputation of the owner of the brand names in its advertisements amounts to user of the same.

"It has been the case of the plaintiff herein that he had been advertising goods under the trademark GOLD STAR in journals and in newspapers which are being circulated in India. This shows that the plaintiff had been advertising the goods, which according to the observation of the Calcutta High Court would amount to use. If that be so, then prima facie, it cannot be said that there was not users of the trademark for the long period."

24. In 2001 PTC 353 the Court held as under:-

"Thus a product and its trademark transcends the physical boundaries of a geographical region and acquires a transborder or overseas or extra territorial reputation not only through import of goods but also by its advertisement. The knowledge and the awareness of the goods of the foreign trader and its trademark can be available at a place where goods are not being marketed and consequently not being used. The manner in which or the source from which the knowledge has been acquired is immaterial."