Author: admin

ISSUE:

Whether or not the action for passing off is maintainable against the registered proprietor of a trademark by the respondents who are not the registered proprietors of the 'whirlpool' trademark concerning washing machines?

Whether or not the respondent acquired a transborder reputation?

Whether such transborder reputation transcends territorial boundaries or not?

RULE:

The doctrine of transborder reputation recognizes that a trademark can acquire goodwill in a country even if it is not used or registered in that country. This is because consumers in one country may be aware of a trademark from another country through advertising, international trade, or other means.

ISSUE:

The issue here was whether fonts fit the definition of ‘artistic work’ as provided for under Section 2(c) of the Copyright Act, 1957 and whether they can therefore be registered for copyright under the same act.

RULE:

Fonts/typefaces are not artistic works under Section 2(c) of the Copyright Act, 1957. This means that fonts/typefaces cannot be protected by copyright in India.

ISSUE:

Whether Greenpeace's use of Tata’s Trademark and logo was a parody or an infringement?

RULE:

The use of a registered trademark for the purpose of criticism or protest is not trademark infringement, provided that the use is fair and bona fide.

ISSUE:

Whether Prius Auto is guilty of passing off their products through the "Prius" trademark, thereby harming Toyota's market reputation?

RULE:

Use of a registered trademark for a product or service that is not similar to the goods or services for which the trademark is registered is not trademark infringement.