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
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
supra) in passing off and transborder reputation as under:
"72. Several important principles emerge from these passages, which may be
enumerated as under ... country of the
defendant.
(viii) Once the existence of transborder reputation and goodwill was thus
established, the claimant was not required, further, to prove
defendants.
21. Mr. Tulzapurkar next contended that a trade mark with transborder reputation and goodwill needs protection from passing off even without evidence of actual ... mark in India by the plaintiffs, even then a mark with transborder reputation and goodwill is required to be protected from passing off notwithstanding
passage in the
judgment which assists the Plaintiffs in
establishing its reputation and goodwill in India
long before it actually commenced any business in
India ... Division Bench of this
court held that transborder reputation is
recognised by Indian courts and that actual sale
in India is not necessary
internationally renowned trade mark wherein the
Plaintiff had established international transborder reputation. There was
1 Appeal No. 548 of 2007 dated 8th October
H.M. Saraiya Ors. vs Ajanta India Ltd. And Anr. on 7 March, 2006
Equivalent
view, no evidence to show that the goods have achieved transborder reputation. In my view, principle what was necessary for grant of temporary injunction
would indicate that the Defendants have been unable to establish a transborder reputation in India or for that matter a continuous or concurrent user within
Kane slightly misunderstood Mr. Dhond's
submission on a transborder reputation. All that Mr. Dhond sought
to suggest was that while the crayons
