Plaintiff has an international
reputation and goodwill and such reputation and goodwill has spilled
over into India, thereby establishing transborder reputation. He has
placed reliance ... establish transborder reputation in India. The Supreme Court in
Toyota (Supra) has laid down the 'Territoriality Principles' on which
transborder reputation
transborder reputation.
8. Learned senior counsel for the appellant also relied upon the following judgments in support of the plea of transborder reputation ... course throw some light on the transborder reputation. We make it clear that transborder reputation can be established only by letting evidence before Registrar
plaintiffs. It was submitted that the plaintiffs have acquired reputation in India; that the transborder reputation has been recognised by the court in India ... trading to protect his reputations. The Indian courts also recognize the existence of transborder reputation.'
The above decision was confirmed by the division bench
selling in India - could claim the benefit of transborder reputation in trade mark "WHIRLPOOL" so as to maintain a passing off action ... India. The court held that the plaintiff could bank upon transborder reputation of its washing machines for the purpose of maintaining passing off action
malaysian company to open new outlets in various countries. The obvious transborder reputation which the plaintiff has built-up calls to be protected ... Singhvi, learned Senior Counsel for the defendants, contended that transborder reputation cannot be relied upon without regular business activity in the country. Since the plaintiff
India. As such, he submits that the
petitioner was enjoying transborder reputation in India even as far
back as in January 2019 to the knowledge ... material cited by Mr. Kirpekar to substantiate
his case of transborder reputation of the petitioner‟s mark in India, I
am unable to convince myself
ports, and did not accept the opposition as to the transborder reputation earned by the petitioner in respect of Camel brand Cigarettes. Having considered ... known in India or the same attained the transborder reputation."
33. Law on transborder reputation may be stated as follows:-
Even when the goods
primary source of investor confidence and satisfaction. The concept of transborder reputation established by the various judicial precedents applies to those goods and/or services ... deprived of that relief solely on this ground.
Transborder reputation.
36. As regards transborder reputation of ALLIANZ which has also been spilled over in India
user by the petitioner Company, there cannot be
any goodwill or transborder reputation in respect of the aforesaid
trade mark in India.
5.6 The petitioner ... impugned trade mark „Hypnos‟ is a
„well-known trademark‟ and carries transborder reputation, which has
spilled over to India, the IPAB dismissed the rectification petition
liable to be granted.
19. Controverting the assertions with respect to transborder
reputation, the respondent averred before the learned Single Judge that
for the purposes ... 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
