over into India, to the extent that the plaintiff has
sufficient trans-border reputation, as would make out a case of passing
off. The reason ... made out only if there is evidence of
sufficient trans-border reputation, i.e. of spillover of the reputation
abroad into India.
31. Toyota Jidosha
plaintiffs.
26. The Court accepted that Eaton had built up a trans-border
reputation in respect of its goods under the trademarks ... goodwill. He
further contended that the trademarks in question have a trans-border
reputation which has also spilled over to India and any product under
handed over
compilation of following judgments under the following heads:
Trans-border reputation and goodwill / Malafide adoption
1. Mac Personal Care Pvt. Ltd. Vs. Laverana ... user thereof; (xvi) that though the plaintiff
has not shown trans-border reputation in India in 2010, but even if were to
be held
plaintiff in India and not in a
third country.
15. Trans border reputation and spill over of international
reputation is accepted in India, even when ... plaintiff is not
engaged in business or trade in India. Trans border reputation is
established when the plaintiff enjoys substantial goodwill and
reputation outside India
KAUL, J.
1. The claim of the respondent-plaintiff to a trans-border
reputation in the mark BUDDHA-BAR for music albums and
the allegation ... material which the respondent-
plaintiff could have produced to establish its trans-border
reputation? In our considered view, it would be material
akin
Dongre") is an authoritative pronouncement on
trans-border reputation. Attention is drawn to Paragraph 23 of the said
decision . It is submitted that ... According to Mr. Roychowdhury, the law on trans-border reputation has
undergone a complete change and what is now being emphasized is the
territoriality principle
when the defendant commenced using the said mark, the
plaintiff had trans border reputation;
IA No.12835/2009 in CS(OS) No.1879/2009 Page ... there is no plea in the plaint of trans border reputation;
IA No.12835/2009 in CS(OS) No.1879/2009 Page
infringement of its trade mark.
(iii) The defendant has trans-border reputation in not only the mark per se 'Cadbury' but also ... mark 'Cadbury Picnic'. In view of the trans-border reputation, there is no scope of passing off since the defendant's sales
names and extensive
promotional and marketing efforts have come to enjoy
trans-border reputation. It is, therefore, being
increasingly felt that such trademark needs ... goods or
services.
7. Another reason for growing acceptance of trans-
border reputation is that a person using a well known
trademark even in respect
names and
extensive promotional and marketing efforts have come to enjoy
trans-border reputation. It is, therefore, being increasingly felt
that such trademark needs ... Page 20 of 25
7. Another reason for growing acceptance of trans-border
reputation is that a person using a well known trademark even
