Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Trade Marks Act 1999 - Foreign claimant |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Trade Marks Act, 1999 - Foreign claimant - Action forpassing off - Maintainability of - Appellant-plaintifj; an automobilemanufacturer incorporated in Japan, flied suit against respondent-defendant seeking permanent injunction restraining the respondentsfrom using appellant '.Y unregistered trade mark 'Prius '. of whichthe plaintiff claimed to be a prior use1-, so as to prevent therespondents from passing off their goods as that of the appellant -Single Judge of High Court restrained the respondents from usingthe mark 'prius' in respect of auto accessories manufactured bythem - Division Bench set aside the order of Single Judge - Onappeal, held: Plaintiff launched the world'.Y first commercial hybridcar called 'Prius' in Japan in I 997 - Said car was introduced inIndia in 2009-I 0 and until that point of time appellant had notobtained registration of the mark 'Prius' in India - Howsoever-,defendants were continuously using the mark 'Prius' since 2001and they had obtained registration of the same in the year 2002 -Though, trade mark 'Prius' had acquired a great deal of goodwillin several other jurisdictions in the world, but there must be adequateevidence to show that appellant had acquired a substantial goodwillfor its car under the brand name 'Pri11S' in the Indian market also -Further; appellants advertisements in automobile magazines,international business magazine, availability of data on informationdisseminating portals like Wikipedia etc., even if accepted, are nota safe basis to hold the existence of necessary goodwill andreputation of the product in Indian market at the relevant point oftime - The brand name of appellants car Prius had not acquiredthe degree of goodwill, reputation and market or popularity in Indianmarket so as to vest in appellant the necessary attributes of theright of a prior user and to successfully maintain an action of passingoff against respondent, the registered owner. |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2017 INSC 1230 |
Petitioner | Toyoto Jidosha Kabushiki Kaisha |
Respondent | Mis Prius Auto Industries Ltd. & Ors. |
SCR | [2017] 12 S.C.R. 805 |
Judgement Date | 2017-12-14 |
Case Number | 5375- 5377 |
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