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
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
supra) in passing off and transborder reputation as under:
"72. Several important principles emerge from these passages, which may be
enumerated as under ... read, in the country of the
defendant.
(viii) Once the existence of transborder reputation and goodwill was thus
established, the claimant was not required, further
with APP-66-2012-FC
'SAVOY CLUB' have transborder reputation in India. By order dated
6 March 2012, the Appeal Court admitted ... contention that actual sales in India is
not the test for establishing transborder reputation and goodwill. That
therefore no interference is warranted in the findings
with APP-66-2012-FC
'SAVOY CLUB' have transborder reputation in India. By order dated
6 March 2012, the Appeal Court admitted ... contention that actual sales in India is
not the test for establishing transborder reputation and goodwill. That
therefore no interference is warranted in the findings
with APP-66-2012-FC
'SAVOY CLUB' have transborder reputation in India. By order dated
6 March 2012, the Appeal Court admitted ... contention that actual sales in India is
not the test for establishing transborder reputation and goodwill. That
therefore no interference is warranted in the findings
with APP-66-2012-FC
'SAVOY CLUB' have transborder reputation in India. By order dated
6 March 2012, the Appeal Court admitted ... contention that actual sales in India is
not the test for establishing transborder reputation and goodwill. That
therefore no interference is warranted in the findings
with APP-66-2012-FC
'SAVOY CLUB' have transborder reputation in India. By order dated
6 March 2012, the Appeal Court admitted ... contention that actual sales in India is
not the test for establishing transborder reputation and goodwill. That
therefore no interference is warranted in the findings
with APP-66-2012-FC
'SAVOY CLUB' have transborder reputation in India. By order dated
6 March 2012, the Appeal Court admitted ... contention that actual sales in India is
not the test for establishing transborder reputation and goodwill. That
therefore no interference is warranted in the findings
with APP-66-2012-FC
'SAVOY CLUB' have transborder reputation in India. By order dated
6 March 2012, the Appeal Court admitted ... contention that actual sales in India is
not the test for establishing transborder reputation and goodwill. That
therefore no interference is warranted in the findings
