Allergan Inc vs Milment Oftho Industries And Ors. on 6 November, 1997
50. Recently, this Court has rendered a decision in the case of
Cadbury U.K. Limited & Anr vs. Lotte India Corporation Ltd.,
reported in 2014 (57) PTC 422 (Delhi) wherein the decision of law
relating to trans-border reputation has been further strengthened and
has been taken to another level wherein the court has not merely
relied upon the decision of Milment (supra) and Whirlpool (supra)
but has also extended the principle of trans-border reputation by
observing that the existence of a merchant on web pages which are
of foreign origin and social media are sufficient to show the trans-
border nature of reputation without having any activity in India at the
relevant time. Though it is very broad extension of the concept of
trans-border reputation, but it is a question of fact in each case as to
how the internet documents are sufficient to show the global
character of the trademark and the reputation attached to the same.
The impact of the said decision which has been given very recently is
yet to be seen and analyzed by the other Courts in India in the
upcoming times.