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
which has been in prior and long use and has
established transborder reputation, goodwill and strength.
20. Plaintiff's trademarks CATERPILLAR
judgment of the learned Single Judge applied the principle of transborder reputation and restrained the defendant from using the word "West ... faith. The appellants were fully aware of the considerable transborder reputation of the respondent and they wanted to derive pecuniary benefits from their reputation
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
alleged to be
extensively used in India and the transborder
reputation has significantly been established.
Plaintiff No. 2 has prepared and developed the
catalogue/literature
trans
border reputation as it existed on the day of
institution of the suit and any subsequent development
or enhancement in the reputation ... trans border reputation or reputation as existed
on the date the suit was filed.
6. In rejoinder, the plaintiff has stated that
transborder reputation
extensively all over the world. The reputation of the plaintiff-appellant in mis regard has been recognised transborder. The said trade mark has been recognised
plaintiffs. There
is always a risk of immense loss in reputation or goodwill
earned by a party over the years at the huge expenses
spent ... transborder
infringement. Monstrous injustice would follow to the
plaintiff who has been in the business for many years and
earned a good will and reputation
