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 which has been in prior and long use and has
established transborder reputation, goodwill and strength.
20. Plaintiff's trademarks CATERPILLAR
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
Limited (1998 PTC 18) a Division Bench of this
court held that transborder reputation is
recognised by Indian courts and that actual sale
in India
reputation of the plaintiff-appellant in mis regard has been recognised transborder. The said trade mark has been recognised and mentioned in the book
alleged to be
extensively used in India and the transborder
reputation has significantly been established.
Plaintiff No. 2 has prepared and developed the
catalogue/literature
suit was filed.
6. In rejoinder, the plaintiff has stated that
transborder reputation is an element of passing off as
is the actual
continuous user it has a
right to protect its trade mark from transborder
infringement. Monstrous injustice would follow to the
plaintiff who has been
