public and to cause loss to the applicant. Under the principle of transborder reputation, the plaintiffs are entitled to the relief of injunction even though ... This case is mainly based upon the theory of transborder reputation. Halsbury's Laws of England (Vol. 48 para 156) was also considered
were also
engaged in the work relating to "Load testing of Transborder System of 600-
T slipway of dry docks and slipway department ... plate SDD Industrial
pumps and maintenance works relating to maintenance of "Transborder
system and allied equipment" located at Naval Dockyard under Annual
Maintenance
enjoy transborder reputation and goodwill which
had permeated the Indian market and that as the
defendants had used an identical mark in relation
to more ... Judge
19
holding that the findings with regard to spread
of the transborder reputation of the mark ‘Prius’
had not been correctly arrived
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
mark BUDDHA BAR and the music associated therewith suggest spill-over transborder reputation into India. The contribution by Indian artists of renown like Anaida ... well settled law that in action of passing off and transborder reputation, it is not necessary to insist that the plaintiff must be trading within
those relating to trade mark "Auto Motor and Sport". The transborder reputation of international companies is not something which is unknown or unusual ... plaintiff may be required to prove affirmatively that it has a transborder reputation or goodwill before an injunction could be issued as indeed
PARAMAX in India. The plaintiffs only have set up a
case of transborder reputation on the basis of sale of the paracetamol tablets
under ... discharge of proof with respect to a vital issue of
transborder reputation. Transborder reputation or spill over reputation has
two elements, one of actual sales
plaintiff is
the prior user in the world market, and transborder reputation is established,
the plaintiff is entitled to injunction even if there ... plaint makes no reference of the
plaintiffs‟ entitlement on account of transborder reputation. Once there is
no pleading, there does not arise any issue
gained popularity in India but also outside India and has thus acquired transborder reputation through travelling trade and industry.
5. The applicants have been protecting ... Park Hotels & Resorts Inc. v. Westinn Hospitality Services Ltd. considered whether transborder reputation is an important factor in the matter of protection of marks
come to the conclusion that the plaintiffs have
established transborder reputation?
[iii] 15 the mark 'Flying Tiger Balm' adopted by the
second defendant ... first alone would matter or as' to 'Whether there
was transborder reput4_ati.on.'_V ar1df"in~._that view
