International
reputation and goodwill must spill over into India. It is nobody's case
that the International reputation being ipso facto proves reputation ... Plaintiff has an international
reputation and goodwill and such reputation and goodwill has spilled
over into India, thereby establishing transborder reputation. He has
placed reliance
well-known mark in India thereby it enjoys the transborder reputation. In the applications filed by the appellant for registration of the trade mark ... appellant. He also relied upon several documents to claim the transborder reputation by drawing our attention in respect of registration of the mark in various
reputation to pass off their goods as those of the plaintiffs. It was submitted that the plaintiffs have acquired reputation in India; that the transborder ... held that even if it is assumed that the plaintiffs enjoy transborder reputation, it is required to be considered as to whether by season
selling in India - could claim the benefit of transborder reputation in trade mark "WHIRLPOOL" so as to maintain a passing off action ... India. The court held that the plaintiff could bank upon transborder reputation of its washing machines for the purpose of maintaining passing off action
malaysian company to open new outlets in various countries. The obvious transborder reputation which the plaintiff has built-up calls to be protected ... Singhvi, learned Senior Counsel for the defendants, contended that transborder reputation cannot be relied upon without regular business activity in the country. Since the plaintiff
India. As such, he submits that the
petitioner was enjoying transborder reputation in India even as far
back as in January 2019 to the knowledge ... material cited by Mr. Kirpekar to substantiate
his case of transborder reputation of the petitioner‟s mark in India, I
am unable to convince myself
ports, and did not accept the opposition as to the transborder reputation earned by the petitioner in respect of Camel brand Cigarettes. Having considered ... well known in India or the same attained the transborder reputation. The appellate Board had also found that the petitioner failed to produce any evidence
primary source of investor confidence and satisfaction. The concept of transborder reputation established by the various judicial precedents applies to those goods and/or services ... part of the plaintiff company to have claimed any transborder reputation in a service mark which does not attract even basic requirement of possessing
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
liable to be granted.
19. Controverting the assertions with respect to transborder
reputation, the respondent averred before the learned Single Judge that
for the purposes ... trademark in India.
20. While dealing with the issue of transborder reputation, the
learned Single judge has come to record the following conclusions:-
―36. Passing
