trademarks need not be confined to national territorial boundaries and that
transborder reputation of such marks is recognized by Indian Courts, for the purpose ... international
travel, and circulation of advertisement in India can establish such transborder reputation;
(4) The goods of the trader must be available, or accessible
popularity in India but also outside India and has thus acquired transborder reputation through travelling trade and industry.
5. The applicants have been protecting their ... Hotels & Resorts Inc. v. Westinn Hospitality Services Ltd. considered whether transborder reputation is an important factor in the matter of protection of marks
BENZ' was recognized as well-known on
account of its transborder reputation and goodwill, and an injunction was
granted against use of the said ... reputation not only among
Indians but also among foreigners who travel to India and carry back the
said reputation. India also recognizes transborder reputation
detrimental to the reputation that the
business carried under a well known trademark enjoys.
10. Well known marks and trans-border reputation of
brands ... against them, the Court held that the plaintiff
had an established „transborder reputation‟ in India and
hence the defendants were injuncted from using the same
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
detrimental to the reputation that the business carried under a
well known trademark enjoys.
10. Well known marks and trans-border reputation of brands ... them, the Court held that the Plaintiff had an
established "transborder reputation" in India and hence the
Defendants were injuncted from using
detrimental to the reputation that the business carried under a
well known trademark enjoys.
10. Well known marks and trans-border reputation of brands ... them, the Court held that the Plaintiff had an
established "transborder reputation" in India and hence the
Defendants were injuncted from using
four corners of the said country and it can acquire transborder reputation.
The defense that the other persons are also using the said trademark ... injunction in a passing off action on the
strength of its transborder reputation even without actual physical use of the trademark in India.
We have
United States of America. The company has acquired
immense global reputation. It has a large number of hotels in various
parts of the world ... faith. The appellants were fully aware of the considerable transborder
reputation of the respondent and they wanted to derive pecuniary
benefits from their reputation
jurisprudence is well developed with unique Indian Legal
Principles such as transborder reputation which has been established by the Court.
Indian test is similarity test
