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N.R. Dongre And Ors vs Whirlpool Corporation And Anr on 30 August, 1996

43. It was then observed in para 14 of the said judgment, "....The knowl-edge and awareness of a trade mark in respect of the goods of a trader isnot necessarily restricted only to the people of the country where such goods are freely available but the knowledge and awareness of the same reaches even the shores of those countries where the goods have not been marketed. When a product is launched and hits the market in one country, the cognizance of the same is also taken by the people in other countries almost at the same time by getting acquainted with it through advertisements in newspapers, magazines, television, video films, cinema, etc".
Supreme Court of India Cites 8 - Cited by 347 - Full Document

Calvin Klein Inc. vs International Apparel Syndicate on 16 March, 1994

44. The same view was again reiterated by a Single, Judge of Calcutta High Court as reported in 1996, PTC (16) in Calvin Klein Inc. Vs. International Apparel Syndicate. "....The international reputation of the petitioner in the name and mark Calvin Klein Jeans, shirts and t-shirts is borne out by the advertisements of the respondents where Calvin Klein had been advertised as the "Great American Classic". There is nothing American about the respondent No. 1. One of the Magazines relied upon by the respondents refers to "Another Denim Giant Enters India". The only Denim Giant with the mark of Calvin Klein outside India is the petitioner. There is no evidence to the contrary. The insistence of trade within the country by the applicant overlooks the nature of the complaint in passing off. The insistence of trade within the country by the applicant overlooks the nature of the complaint in passing off. The basis of the action is deception or the persuasion of the public to purchase goos of one in the belief that it is another's. It should not matter whether that other carries on business in the country.
Calcutta High Court Cites 6 - Cited by 19 - R Pal - Full Document
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