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Laverana Gmbh & Co Kg vs Mac Personal Care Pvt Ltd & Ors on 19 February, 2015 cites

Milmet Oftho Industries & Ors vs Allergan Inc on 7 May, 2004

(i) In Milment Oftho Industries & Ors. Vs. Allergan Inc 2004 (28) PTC 585 (SC), it was observed that whilst considering the possibility of likelihood of deception or confusion, in present times the Courts must also keep in mind the possibility that with the passage of time, some conflict may occur between the use of the mark by the applicant in India and the user by the overseas company. The Court must ensure that public interest is in no way imperiled. It must also be remembered that nowadays goods are widely advertised in newspapers, periodicals, magazines and other media which is available in the country. This results in a product acquiring a worldwide reputation. Thus, if a mark is associated with the worldwide reputation it would lead to an anomalous situation if an identical mark in respect of a similar goods is allowed to be sold in India.
Supreme Court of India Cites 2 - Cited by 121 - S N Variava - Full Document

Midas Hygiene Industries P. Ltd. And ... vs Sudhir Bhatia And Ors. on 22 January, 2004

".........It was observed by Romer, J. in the matter of an application brought by J.R. Parkingnon and Co. Ltd., (1946) 63 RPC 171 at page 181 that "in my judgment, the circumstances which attend the adoption of a trade mark in the first instance are of considerable importance when one comes to consider whether the use of that mark has or has not been a honest user. If the user in its inception was tainted it would be difficult in most cases to purify it subsequently". It was further noted by the learned Judge in that case that he could not regard the discreditable origin of the user as cleansed by the subsequent history."
Supreme Court of India Cites 1 - Cited by 411 - Full Document
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