Determining Authority


7 O’CLOCK for shaving razors Gillette U.K. Ltd., England Bombay High Court It is recognized that trade mark 70’Clock is well known. As such the use of the mark in respect of tooth brush will lead to passing-off.
AIWA Sony Corpn., Japan TMR, Chennai AIWA is a well-known trade mark in India in respect of electronic goods. Use of this mark without due cause for any other products would be likely to deceive or cause confusion, unfair advantage and be detrimental to the distinctive character and repute of mark.
BAJAJ Bajaj Electrical Limited High Court, Bombay The use of a family name Bajaj by defendants was held to be an act of passing-off. The goodwill and reputation of Plaintiff company was recognized.
BATA & BATA FOAM for footwear Bata India Ltd. Allahabad High Court The plaintiff company Enjoy a reputation for its products.
BENZ Daimler Benz High Court Delhi Reputation extends worldwide.
BISLERI Acqua Minerals Ltd., High Court of Delhi BISLERI is well-known in the Indian market and one of the first marks introduced for bottled mineral water. The defendant who was held to have adopted the domain name Bisleri with the intention to trade on the plaintiffs reputation and goodwill, was restrained.
CARREFOUR Carrefour Society Anonyme, organized under the laws of France High Court of Madras The trade mark /name used by the applicant for 47 years throughout the world has to be protected, in order to promote commercial morality and discourage practices. Plea of well-known trade mark is accepted.
CARTIER for wide variety of goods including jewellery, watches, perfumes etc. Cartier International, B.V, Netherlands High Court, Delhi. Trade Mark Cartier in respect of various consumer goods have acquired a reputation for quality not only in India, but throughout the world. Plaintiff company has acquired brand image and personality in respect of their products. Permanent injunction granted.
CATERPILLAR Caterpillar Inc., USA Madras High Court (DB) Name Caterpillar in respect of heavy vehicles and the name has earned reputation & goodwill world wide.
CHARLIE Revlon Inc. High Court of Delhi Defendants intention was fraudulent and dishonest to encash upon reputation and goodwill of products of plaintiff. Injunction granted.
DR.REDDY In respect of pharmaceutical products. Dr.Reddy Laboratories High Court, Delhi. Trade Mark PR.REDDY, in spite of not being registered, has acquired considerable trade reputation and goodwill in the community dealing with drugs and pharmaceuticals not only in India, but abroad also.
DUNHILL Alfred Dunhill Limited, U.K. High Court of Delhi. Plaintiff has prima-facie established a distinctive reputation, image and goodwill in the trade mark and trade name DUNHILL. Plaintiff has acquired global reputation.
ENFIELD BULLET Enfield India Ltd. IPAB BULLET is a well known trade mark. It cannot be permitted to be copied even in respect of different goods. Appeals against Registrar’s decision allowed.
EVIAN Mineral Water Society Anonyme Des Eavx Minerals ‘D’ Evian Delhi High Court Evian acquired excellent reputation and goodwill world over. Said reputation and goodwill extended to India. Mark acquired high degree of distinctiveness. Para 3 & 4 exparte order.
FEDDERS For air conditioners Fedders North America High Court, Delhi Defendants cannot be permitted to cash in on the international reputation of the plaintiffs. Injunction granted.
For electrical goods Whirlpool Corporation,USA High Court, Delhi A product and its trade name transcends the physical boundaries of a geographical region and acquires a trans-border or overseas or extra-territorial reputation not only through import of goods but also by its advertisement. The knowledge or the awareness of the goods of a foreign trader and its trade mark can be available at a place where goods are not being marketed Injunction granted.
GLAXO Glaxo India Ltd. High Court, Delhi GLAXO is an invented word. By original adoption, registration, long and continuous user, plaintiff alone is entitled for the exclusive use of the trade mark GLAXO and no one else.
HAYWARDS 5000 For alcoholic Shaw Wallace & Co. Ltd. High Court, Delhi The defendants used numeral 5000 in respect o$3e*r to cash in on vide reputation and goodwill but over the years by the plaintiffs. Interim injunction confirmed.
HOLIDAY INN Holiday Inn Inc. High Court, Delhi. Words HOLIDAY INN have been adopted by appellant to ride on global reputation of the respondent Commercial goodwill and global reputation should be allowed to be exploited in a clandestine marine -. Appeals dismissed.
HONDA Honda Motor Co. Ltd. WIPO Arbritation & Mediation Centre Trade Mark HONDA is famous around the globe.
HONDA For motor cycles, motor cars etc. Honda Motors Company Ltd. High Court, Delhi. Plaintiffs business is of international character and reputation .Trade mark Honda has a global reputation.
HORLICKS For food products, malted biscuits, toffees. See also similar case Horlicks Limited. High Court, Delhi Suits for injunction filed against various companies by the plaintiffs, injunction orders have beer passed and most of the suits have been decreed in”0VQur of the plaintiffs. (Under Section 11(6) record of the successful enforcement of the rights in that traifi nwks is a relevant consideration) Use of mark by the defendant ‘is a flagrant and blatant attempt to imitate plaintiffs r.itfrk.
Hamdard Hamdard National Foundation (Hamdard Davakhana) High Court of Delhi The defendant took a calculated risk in using the HAMDARD word and eye mark; indeed its use of the eye mark points to an attempt to “free ride” on the plaintiffs reputation.
INTIMATE Revlon Inc. High Court of Delhi Defendants intention was fraudulent and dishonest to encash upon reputation and goodwill of products of plaintiff. Injunction granted.
Infosys Infosys Technologies Ltd. High Court of Delhi The owners has established expenditure of 392 crores towards sales promotion marketing expenses and brand building during 2004-05 alone. It has established an enviable reputation and goodwill in the market nationally and international level.
Intel Intel Corporation High Court of Delhi Famous and well-known trademarks especially those that embody a reputation of pre-eminent excellence and quality, as plaintiffs Intel trademark, are required to be given a broad protection.
KANGARO Kangaroo Industries District Court of Central Jakarta Mark declared as well known mark.
KIT KAT Societe Des Produits Nestle,S.A.,1800 Vevey,Canton of Vaud,Switzerland. IPAB KIT KAT is a Well-known having trans-border reputation.
LETTER*T IN A CIRCLE House mark Tata Engineering & Locomotive Co. Ltd. IPAB Respondents who have established their reputation and goodwill in automobiles and several other goods are entitled to have the trade mark safeguarded. BENZ case applied.
Logo *M’ in the distinctive style and design of the famous golden arches McDonald’s Corporation, U.S.A. High Court of Karnataka. The Logo ‘M’ is a well-known and famous logo and courts have recognized the existence of trans-border reputation.
MAHINDRA& MAHINDRA Mahindra & Mahindra Ltd. Supreme Court Mark is in use for five decades. The name has acquired a distinctive secondary meaning in the business or trade circles.
MARS for chocolates, confectionery etc. Mars Incorporate,USA High Court, Delhi Use of mark by the defendant ‘is a flagrant and blatant attempt to imitate plaintiffs r.itfrk.
NIRMA See also Sl.No.32 Shantaben 1 Karasanbhai Patel and Others High Court of Delhi NIRMA is an invented word. It has acquired great reputation. The owners have been spending huge amount on advertisement for their trade mark. Their sales in relation to various goods are mounting every year.
NIRMA for washing & cleaning preparations S.K.Patel IPAB The principle laid down by various courts was applied namely where a regd. Trade mark has got reputation & goodwill they cannot be permitted to be used by another person even in respect of different goods.
NIVEA Beiersdorf A.G. High Court Delhi Nivea is a recognized product of high quality and has international reputation and recognization. These are marks where the line between the goods and the name is blurred. The mark starts to represent the source or the person than merely a particular are specific type of goods or services. .
ODONIL & ODOMOS For mosquito repellants Balsara Hygiene Products. High Court, Madras (DB) Plaintiff has built up reputation in the mark, goodwill & huge sales turnover.
OMEGA Omega S.A.,Bienne,Switzerland High Court, Madras The Plaintiff company has been using the trade name OMEGA for more than 50 years and has enjoyed reputation for its products.
PANADOL & PANADOL EXTRA SmithKline Beecham Pic. High Court of Delhi Defendants deliberately used Plaintiffs well known mark.
PEPSI Pepsi Inc. RTM, Kolkata Pepsi enjoys a huge reputation and goodwill not only in India but also internationally .
PHILIPS Philips NV Netherlands Punjab & Haryana High Court Is a household mark and has acquired enviable reputation in India and throughout the world.
PIZZA HUT Logo in respect business relating to restaurants Pizza Hut International LLC, USA High Court, Bombay Plaintiffs enjoy a worldwide reputation, including in India. It is settled law that if the marks/logos enjoy a trans border reputation, they are entitled to be protected against infringement and passing off in India.
PLAYBOY for magazine and several other goods Playboy Enterprises Inc., High Court of Delhi Plaintiff has demonstrated its strength due to the degree of distinctiveness, fame and reputation of the trade mark Playboy. The trade mark acquired world wide circulation and publication in as many as 16 foreign countries.
RED BULL Red Bull GmbH WIPO Trade Mark RED BULL is one of the best known trade marks not only in Austria but all over the world. Registration of domain name by the respondents was held to be in bad faith.
REVLON Revlon Inc. High Court of Delhi Defendants intention was fraudulent and dishonest to encash upon reputation and goodwill of products of plaintiff. Injunction granted.
TACO BELL for Restaurant business Taco Bell Corporation,USA High Court, Bombay Plaintiff operated over 6000 restaurant worldwide using name taco bell as logo. Mark registered in more than 70 countries including India in classes 29 & 30. Defendants intention was to trade upon the famous mark of the plaintiffs.’
TATA SEE also TATA CASE Tata Chemicals Limited High Court, Delhi WIPO The trade mark TATA is a household name in respect of various products all over India.TATA is a household word in India and solely and exclusively associated with the House of Tata.TATA is a well known mark.In the decision list of cases where enforcement of rights have succeeded is given.
TELCO Tata Engineering and Locomotive Co. Ltd., TMR Chennai TELCO mark has gained transborder reputation and goodwill. The mark is identified with the owners and their products throughout India as well as various countries in the world.
TOSHIBA Toshiba Corporation,Japan. TMR, Ahmedabad TOSHIBA held as a well known mark and registration cannot be rectified for non-use.
USHA For sewing machines, electric fans etc. Not given IPAB The respondent had built up long reputation and goodwill in India as well as abroad. The same cannot be permitted to be benefited by the appellant in respect of different goods or by different architecture or design.
VICKS VAPO RUB Richardson Vicks Inc. High Court, Delhi Prima facie the mark as well as bottles distinctive labels and metal containers have become well known and acquired a great reputation (para 32).
VOLVO for automobiles Aktiebolaget Volvo High Court (DB) Bombay Trans-border reputation is recognized by Indian courts and that actual sale in India is not necessary for a Plaintiff to establish its goodwill and reputation in India.
WHIRLPOOL Kirloskar Proprietory Limited High Court, Bombay The mark KIRLOSKAR used by the plaintiff had acquired a secondary meaning and had become a household word. Sec.34 of Trade Marks Act could not come to the rescue of defendants.
WOOLWORTH In respect of clothing etc F.W.Woolwor th Company IPAB Trans-border reputation enjoyed by the mark WOOLWORTH is not something to be not taken account of. The world wide reputation of the mark was recognized.
Yahoo Yahoo, Inc. High Court of Delhi The services of the Plaintiff under the Trade Mark/Domain name ‘Yahoo’ have been widely publicized and written about globally.
Polo (label with device of polo player) POLO/LAUREN COMPANY IP (USA) High Court of Delhi Having regard to the evidence placed on record the plaintiff has established that the registered trademark of the plaintiff is a well-known mark as defined in Section 2 (z) (g) of the Trade Marks Act
GE Monogram General Electric Company (USA) High Court of Delhi It can hardly be disputed that GENERAL ELECTRIC as well as GE whether written in plain letters or in a stylized form such as monogram are well known marks of the plaintiff within the meaning of Section 2 (z) (g) of the Trade Marks Act