substantial so as to satisfy the
tests as enunciated in relation to transborder or worldwide reputation.
It was further urged by the respondents that ... being
liable to be granted.
19. Controverting the assertions with respect to transborder
reputation, the respondent averred before the learned Single Judge that
Sharan Jagtiani has submitted that the seminal case
on transborder reputation in Indian jurisprudence is N R Dongre &
Ors. Vs. Whirlpool Corporation ... Plaintiff is based on prior user of the
mark and transborder reputation which had spilled over into India.
He has submitted that it is pertinent
mark is a well-known mark in India thereby it enjoys the transborder reputation. In the applications filed by the appellant for registration ... appellant. He also relied upon several documents to claim the transborder reputation by drawing our attention in respect of registration of the mark in various
submitted that the plaintiffs have acquired reputation in India; that the transborder reputation has been recognised by the court in India and there ... Judge held that even if it is assumed that the plaintiffs enjoy transborder reputation, it is required to be considered as to whether by season
famous trademarks need not be confined to national territorial boundaries and that
transborder reputation of such marks is recognized by Indian Courts, for the purpose ... sales figures, worldwide, to establish a "spill over" or "transborder"
reputation.
23. Internationally, it is accepted that trademarks, are recognized
India and there have been significant judicial precedents on the question of transborder or spill-over of international reputation, notwithstanding the fact that India ... plaintiff-who was not selling in India - could claim the benefit of transborder reputation in trade mark "WHIRLPOOL" so as to maintain
substantiate its
claim of reputation of the mark in India or even transborder/global
reputation; the mark in question was a composite mark/label ... mark in India). This case recognizes and endorses the
principles of transborder and worldwide reputation. The case
categorically holds that "... The mere fact that
India. The Delhi High Court held that the plaintiff could bank upon transborder reputation of its washing machines for the purpose of maintaining passing ... sale in India, the reputation of the plaintiff company was travelling transborder to India as well through commercial publicity made in magazines which are available
malaysian company to open new outlets in various countries. The obvious transborder reputation which the plaintiff has built-up calls to be protected ... Singhvi, learned Senior Counsel for the defendants, contended that transborder reputation cannot be relied upon without regular business activity in the country. Since the plaintiff
agent in India. As such, he submits that the
petitioner was enjoying transborder reputation in India even as far
back as in January ... analysing the material cited by Mr. Kirpekar to substantiate
his case of transborder reputation of the petitioner‟s mark in India, I
am unable
