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ARTICLE · 04 JULY 2018

How Toyota Turned The Table For Trans-Border Reputation In India

Selvam and Selvam
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In the recent verdict of the disputed Toyota Jidosha Kabushiki v M/S Prius Auto Industries Ltd, the Supreme Court's stance on affirming the Delhi High Court's decision ...

IndiaIntellectual Property
Shehnaz Latheef
Shehnaz Latheef

In the recent verdict of the disputed Toyota Jidosha Kabushiki v M/S Prius Auto Industries Ltd, the Supreme Court's stance on affirming the Delhi High Court's decision to grant the mark PRIUS to Prius Auto Industries has been heralded as the new will lit (albeit narrower) path of the Trans-Border reputation doctrine.

Trans-Border reputation is a concept that has been well founded in the Indian legal system since the landmark Whirlpool decision in 1996. This doctrine allows unregistered trademarks in India to maintain an action for passing off without the requirement of having commercial use in India.1 Simply put, the term reputation is a very important aspect in Trademarks as the reputation of a mark relates to its widespread knowledge and recognition of a mark because of the popularization of a good or service. In the age of easy worldwide travel and global electronic communication the worldwide diffusion of knowledge can be done efficiently and easily through

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