ARTICLE · 26 MARCH 2018

Trademark Precedents: An Evolving Landscape

Lex Orbis

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Supreme Court decisions in 2017 were instrumental in shaping India's evolving trademark law.

IndiaIntellectual Property

Dheeraj Kapoor

Shilpi Jain

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Supreme Court decisions in 2017 were instrumental in shaping India's evolving trademark law. In the passing-off case of Toyota Jidosha Kabushiki Kaisha v Prius Auto Industries Ltd & Ors the court confirmed the trend of "territoriality" over "universality", observing that Toyota was unable to prove trans-border reputation in India for the mark Prius before the mark's adoption and use by Prius Auto Industries.

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