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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.
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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