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“Prius”

Decision of the Supreme Court 14 December 2017 – Case No. 5375-5377/2017
  • Toyota Jidosha Kabushiki Kaisha v. M/S Prius Auto Industries Limited & Ors. Case Law on Passing Off
Decision • Trade Mark Law India
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  1. 1.

    To give effect to the territoriality principle, the courts must necessarily have to determine if there has been a spill-over of the reputation and goodwill of the mark used by the claimant who has brought the passing off action.

     
  2. 2.

    In the course of such a determination it may be necessary to seek and ascertain the existence of not necessarily a real market but the presence of the claimant through its mark within a particular territorial jurisdiction in a more subtle form.

     

Keywords

Passing off Prior use Trans-border goodwill and reputation  Well-known trade mark Spill-over of reputation and goodwill  Territoriality and universality 

Copyright information

© Max Planck Institute for Innovation and Competition, Munich 2018

Authors and Affiliations

  • Toyota Jidosha Kabushiki Kaisha v. M/S Prius Auto Industries Limited & Ors. Case Law on Passing Off

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