substantial so as to satisfy the
tests as enunciated in relation to transborder or worldwide reputation.
It was further urged by the respondents that ... being
liable to be granted.
19. Controverting the assertions with respect to transborder
reputation, the respondent averred before the learned Single Judge that
agent in India. As such, he submits that the
petitioner was enjoying transborder reputation in India even as far
back as in January ... analysing the material cited by Mr. Kirpekar to substantiate
his case of transborder reputation of the petitioner‟s mark in India, I
am unable
user by the petitioner Company, there cannot be
any goodwill or transborder reputation in respect of the aforesaid
trade mark in India.
5.6 The petitioner ... impugned trade mark „Hypnos‟ is a
„well-known trademark‟ and carries transborder reputation, which has
spilled over to India, the IPAB dismissed the rectification petition
countries across 4 Continents. Products under the CARLTON
marks had acquired transborder reputation in India by 1994 by virtue
of the fact that travellers from
user by the petitioner Company, there cannot be
any goodwill or transborder reputation in respect of the aforesaid
trade mark in India.
5.6 The petitioner ... impugned trade mark „Hypnos‟ is a
„well-known trademark‟ and carries transborder reputation, which has
spilled over to India, the IPAB dismissed the rectification petition
user by the petitioner Company, there cannot be
any goodwill or transborder reputation in respect of the aforesaid
trade mark in India.
5.6 The petitioner ... impugned trade mark „Hypnos‟ is a
„well-known trademark‟ and carries transborder reputation, which has
spilled over to India, the IPAB dismissed the rectification petition
Lall, constitutes acknowledgement of both
the fact of the plaintiff having transborder reputation as well as of its
spillover into India.
5.11 Mr. Lall submits ... disputes Mr. Lall's contention that his client
possesses the requisite transborder reputation to maintain a claim for
passing off. She submits that
News Now since 2007 and E! Now since 2013 having
transborder reputation, and as a prior user, the defendant‟s rights are
superior to that ... 2019 Page 13 of 46
Signing Date:31.05.2023
16:38:50
transborder reputation in India. The test of jurisdiction lies in purposefully
availing
Intelligence by PW-1 R.R. Swain that
accused were involved in transborder smuggling. Accordingly, PW-1
directed S.P. Border PW M. K. Sinah ... apprehend persons involved in the
transborder smuggling. It is further case of the prosecution that at the time
when accused Yousuf Massi was apprehended, respondent
inspired and supported from across the
borders. In addition to this, frequent transborder movement is
taking place in the plain areas of Kathua and Jammu
