BENZ' was recognized as well-known on
account of its transborder reputation and goodwill, and an injunction was
granted against use of the said ... goods and services, provided the conditions for recognition on the basis of
transborder reputation are satisfied. Post the above decisions, statutory
provisions, as extracted above
source of goods or
services.
7. Another reason for growing acceptance of
transborder reputation is that a person using a well
known trademark even
well. Thus, it is claimed that the mark "EMAAR" enjoys
transborder reputation as well.
23. In India, the Plaintiff has filed several applications
Plaintiff and Defendant's projects, inasmuch as the Plaintiff has transborder
reputation in India. The same is evident from documents placed on record
when ... registered trademarks in India. The
Plaintiff places its case on transborder reputation as also reputation on the
basis of publicity since 2013. Considering the contentions
pleaded
that even prior to the year 2008, the marks had enjoyed transborder
reputation. Worldwide sales and advertisement figures have been
