have exclusive right on the mark,
(iii) PepsiCo did not have the transborder reputation in the
year ... mark Mountain Dew, the claim of PepsiCo
that it had got transborder reputation becomes obscured.
(v) PepsiCo cannot stop Magfast from using the trade mark
have exclusive right on the mark,
(iii) PepsiCo did not have the transborder reputation in the
year ... mark Mountain Dew, the claim of PepsiCo
that it had got transborder reputation becomes obscured.
(v) PepsiCo cannot stop Magfast from using the trade mark
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
otherwise.
IV. The reputation of Trademark to be Territorial.
Mere assertion of transborder reputation of a
trademark is not sufficient for the Court to conclude ... With regard to the above, apart from the plaintiffs
establishing the transborder reputation, the defendants
themselves have filed the trade mark application
No.244978
promotion,
awards received and presence on several websites are reflective of
their transborder reputation and distinctiveness of the trademark. Plaintiffs
are also engaged in providing
mark in various countries
across the globe. The plaintiff claims transborder reputation of its marks in
India.
13. The plaintiff avers that the defendant
sold in about 130
countries of the world. Respondents have garnered immense
transborder reputation, which is reflected in the sales figures
and amounts expended
Gujarat Tea Depot Company vs Savaliya Tea Packers Pvt Ltd on 22 December, 2022
Author
Minda Spectrum Advisory Limited & Ors. vs Minda Oils India Pvt Ltd & Ors. on
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
