come to record the following conclusions:-
―36. Passing off and trans border reputation
36.1 Where the plaintiff is dealing in goods or providing
services, under ... trans-
border reputation, i.e. reputation which extends beyond the regions
in which it has commercial existence, (ii) that the trans border
reputation has extended
even thereafter, the said
trademark/label possessed considerable trans-border reputation and
spillover reputation in India.
17. It is also the contention of Ld. Counsel ... name of 'WHIRLPOOL' by
Plaintiff and a trans-border reputation and goodwill extending to
India to the use of that name;
(ii) Prior
Court had observed as follows:-
"14. The concept of trans-border reputation has grown quite
considerably through case law, which has been noted ... above. We
therefore need not rewrite the same. The concept of trans-border
reputation essentially means that a plaintiff wishing to enforce its
unregistered trademark
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