Prior Use Trounces Unsubstantiated Trans-Border Reputation

After the Whirlpool Judgment, the Indian courts have been quite consistent in recognizing the trans-border reputation of a trademark thereby granting an injunction including both interim and permanent against the infringers. For seeking relief on the basis of trans-border reputation, it is not necessary for the trademark to have been used in India and the Trademark owner would only need to establish that the reputation, awareness and global admiration of the trademarked goods had crossed over to India before the Defendant started using the infringing mark. Therefore, it becomes very important for the Plaintiff to establish such reputation by submitting cogent documentary evidence.

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