famous trademarks need not be confined to national territorial boundaries and that
transborder reputation of such marks is recognized by Indian Courts, for the purpose ... sales figures, worldwide, to establish a "spill over" or "transborder"
reputation.
23. Internationally, it is accepted that trademarks, are recognized
gained popularity in India but also outside India and has thus acquired transborder reputation through travelling trade and industry.
5. The applicants have been protecting ... Park Hotels & Resorts Inc. v. Westinn Hospitality Services Ltd. considered whether transborder reputation is an important factor in the matter of protection of marks
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
four corners of the said country and it can acquire transborder reputation.
The defense that the other persons are also using the said trademark ... injunction in a passing off action on the
strength of its transborder reputation even without actual physical use of the trademark in India.
We have
brought against them, the Court held that the plaintiff
had an established „transborder reputation‟ in India and
hence the defendants were injuncted from using
stage would indicate that the Defendants have been unable to establish a transborder reputation in India or for that matter a continuous or concurrent user
against them, the Court held that the Plaintiff had an
established "transborder reputation" in India and hence the
Defendants were injuncted from using
against them, the Court held that the Plaintiff had an
established "transborder reputation" in India and hence the
Defendants were injuncted from using
Gujarat Tea Depot Company vs Savaliya Tea Packers Pvt Ltd on 22 December, 2022
Author
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
