COMM) No774/2016 Page 9 of 17
11. Qua transborder reputation the learned counsel for the defendant
has referred to Toyota Jidosha Kabushiki Kaisha
working wholly and exclusively for
the assessee company in respect of transborder money
transfer business. At para 5 of the agreement between the
assessee
under:
"101. In this background arises the complex
question of transborder operation of Article 30(1).
Pai Foundation has clearly ruled in favour
Whether the Defendant no.1 did not enjoy any transborder
reputation in India at the time of the first use of the mark
"COUNTRY
unique place in the world and it enjoys
transborder reputation and goodwill but the respondent No.2 has totally
overlooked this aspect while passing
pleaded
that even prior to the year 2008, the marks had enjoyed transborder
reputation. Worldwide sales and advertisement figures have been
The Motion For The Consideration Of The Trafficking Of Persons (Prevention, ... on 26 July, 2018
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
