defendants.
21. Mr. Tulzapurkar next contended that a trade mark with transborder reputation and goodwill needs protection from passing off even without evidence of actual ... mark in India by the plaintiffs, even then a mark with transborder reputation and goodwill is required to be protected from passing off notwithstanding
products are being sold at the duty free shops in India. Transborder reputation of the trade mark and trade name DUNHILL has been
mark which has been in prior and long use and has
established transborder reputation, goodwill and strength.
20. Plaintiff's trademarks CATERPILLAR
Consim Info Pvt. Ltd vs Google India Pvt. Ltd on 30 September, 2010
Author: V
products marketed under the trade mark Region, Intimate and Charlie have a transborder reputation".
(13) The plaintiffs have tried to explain in paragraph
Samsonite Corporation vs Vijay Sales on 1 May, 1998
Equivalent citations: 73(1998)DLT732
Author
name transcends the
physical boundaries of a geographical region and acquires
a transborder or overseas or extraterritorial reputation not
only though import of goods
Label had been registered in over 110 countries, and had attained a transborder reputation and goodwill. The Plaintiff had never intended to transact business ... that their Lordships considered it unnecessary to delve into the aspect of transborder reputation in the facts of the case. It was further opined that
aside the judgment of the learned Single Judge applied the principle of transborder reputation and restrained the defendant from using the word "West ... doctrine of bad faith. The appellants were fully aware of the considerable transborder reputation of the respondent and they wanted to derive pecuniary benefits from
COMM) No774/2016 Page 9 of 17
11. Qua transborder reputation the learned counsel for the defendant
has referred to Toyota Jidosha Kabushiki Kaisha
