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1 - 3 of 3 (0.21 seconds)N.R. Dongre And Ors vs Whirlpool Corporation And Anr on 30 August, 1996
12. The Supreme Court in the matter of N.R. Dongre and Others
v. Whirlpool Corporation and Another4 had, while negating the
challenge to the temporary injunction, recognised the concept of
transborder reputation and observed as follows:-
Bolt Technology Ou vs Ujoy Technology Private Limited & Anr on 24 March, 2023
108. Upon a due consideration of the aforenoted decisions and the
authoritative texts referred to above, we find that the expressions
"reputation" and "goodwill" have been used conjunctively or
interchangeably and the distinction between the two which the
English Courts continue to mandate clearly appears to have become
blurred in other jurisdictions. In fact, it is the position as taken by the
English courts which has constrained courts in various jurisdictions
to characterise it as being overly restrictive or the limiting view. The
imperatives of reputation being considered to be a stand-alone factor
would also appear to be in tune with the scheme of well known
marks which has come to be adopted and incorporated in statutes in
various jurisdictions. In fact, the concept of well known marks was a
facet which was alluded to even by the UKSC in Starbucks. This is
evident from a reading of para 64 of the report.
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