“BUDDHA-BAR”: A Debate On Transborder Reputation

Transborder reputation has been a matter of dispute, largely elucidated and deliberated upon in the law of trademarks. The principle however finds itself extrapolated to other realms of intellectual property disputes as well. Becoming the bone of contention, "BUDDHA-BAR", the name of an album, found itself in an appeal before the Division Bench of Delhi High Court in the case of Kiran Jogani v. George V. Records, SARL [2008 (38) PTC 69 (Del.) (DB)]

Involving the issue of transborder reputation in the mark "BUDDHA-BAR" for music albums and the allegation of an infringement thereof, Kiran Jogani and Another appeared before the High Court of Delhi in an appeal against the decision in the civil suit filed on the Original Side of this Court by George V. Records, SARL. An interlocutory application for injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908 had been filed along with the plaint by George Records, which ex-parte met with success and thus