Transborder Reputation And Passing Off Action Toyota Prius Case

In the leading case of N.R. Dongre v. Whirlpool Corporation,¹ while discussing the issue of trans border reputation, the Hon'ble Supreme Court of India held that 'in today's world it cannot be said that a product and the trade mark under which it is sold abroad, does not have a reputation or goodwill in countries where it is not available. The knowledge and awareness of it and its critical evaluation and appraisal travels beyond the confines of the geographical area in which it is old.'

The issue was brought to light again after almost 20 years when on December 15, 2017, when the Apex Court delivered its judgement in the case of Toyota Jidosha Kabushiki Kaisha v. M/S Prius Auto Industries Ltd. & Ors., explaining the growth of trans-border reputation from the time it was first highlighted till date.