with the plaintiff's restaurant business alone. It
has its significant transborder reputation in India.
(l). The plaintiff came to know in the first ... various classes in various
countries across the globe. The mark enjoys a transborder reputation.
The defendant has violated the rights of plaintiff as regards
Directorate Of Enforcement vs Ashish Kakkar And Ors on 15 April, 2026
IN THE COURT
long as the plaintiff is the prior user in the and transborder
reputation is established. The ultimate test is who is first in the market
long as the plaintiff is the prior user in the and transborder
reputation is established. The ultimate test is who is first in the market
trademark jurisprudence is well developed with unique Indian Legal
Principles such as transborder reputation which has been established by the Court.
Indian test is similarity
where in addition to its actual
use the plaintiff also enjoys its transborder reputation and use. The
plaintiff's said goods and business
world across all
continents and regions including India. The plaintiff thus enjoys
transborder reputation and users and its trademark 'L'OREAL ... colly) and Ex.PW1/13 (colly) establish that plaintiff enjoys
transborder reputation and thus is a well known trademark.
19. Defendants did not lead
statutory and
common law rights therein. Plaintiff has not only vast transborder
reputation in India under the said trademark/label including the
trademark POLO INIDA
Plaintiff, as stated, is now a well-known entity in India with
transborder reputation and is well recognized as one of the premier
manufacturers
MEHAR EXPO page no. 3
use the plaintiff also enjoys its transborder reputation and use. The
plaintiff's said goods and business are sold
