Sharan Jagtiani has submitted that the seminal case
on transborder reputation in Indian jurisprudence is N R Dongre &
Ors. Vs. Whirlpool Corporation ... Plaintiff is based on prior user of the
mark and transborder reputation which had spilled over into India.
He has submitted that it is pertinent
these points is considered unnecessary for evaluating the claim of passing
off.
Transborder reputation of Pfizer in the "VIAGRA" mark
33. The Plaintiff ... forth following evidences to prove passing off on
the basis of transborder reputation: (a) trademark registration certificates
evincing the adoption of trademark "VIAGRA
while negating the
challenge to the temporary injunction, recognised the concept of
transborder reputation and observed as follows:-
"15. The findings of the learned ... been commercially traded in
India. The Supreme Court answered the issue of transborder
reputation weighing in balance the absence of significant
information and knowledge
Mukesh Mittal Aged About 65 Years vs Union Of India Through Directorate Of ... on 16
time when Defendant adopted the impugned mark, their trademark's
transborder reputation had spilled over into the Indian territory, thus
warranting relief under
source of goods or
services.
7. Another reason for growing acceptance of
transborder reputation is that a person using a well
known trademark even
C.Sivasankaran vs Foreigner Regional Registration ... on 21 December, 2024
Author: N.Seshasayee
Bench: N
actual physical usage thereof in that country. Word of
mouth and transborder reputation under such circumstances have actually a
big role to play. This Court
light of the rival submissions. Profile of the case shows
transborder dealing in narcotics. 500 gms of Ganja was
recovered at a foreign post office ... recovered from Dhiraj Kumar.
Prosecution contends petitioner is a conspirator in the
transborder dealing of drugs. Apart from statements under
Section 67 of the NDPS
consideration the
gravity and seriousness of the crime which had far reaching
transborder implications. Hence we are not inclined to enlarge the
petitioner on bail ... have noted of the fact that in a grave offence involving
transborder implications where PMLA proceedings have been
initiated, learned magistrate without adverting
