Territoriality Vs Universality: The Evolution Of Trans-Border Reputation Of Trademark In India

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Kashish Kochar, Vivekananda Institute of Professional Studies

ABSTARCT

This article explores the changing judicial perspective towards the notion of trans-border reputation in Indian trademark law, with particular emphasis on the contrasting legal concepts of territoriality and universality. Historically, trademark rights have been regulated according to the territorial principle, assuring legal protection to the area where the mark is registered or being used. The rise of globalisation and online marketing has gradually challenged this viewpoint, leading to the recognition of international goodwill. In a comparative review of two seminal cases N.R. Dongre v. Whirlpool Corporation and Toyota Jidosha Kabushiki Kaisha v. Prius Auto Industries Ltd., this article looks at the way Indian courts have recognized protecting foreign trademarks with no or minimal physical presence in the nation.

While the ruling in the case of Whirlpool Corporation. was in the direction of upholding trans-border reputation based on extensive advertisement and reputation, the Prius rulig went back to the territoriality principle, demanding tangible proof of reputation in the Indian market. This contradiction of verdicts of courts indeed brings out the larger inconsistency in Indian law in weighing the interests of protection extended to internationally well-known brands vis-à-vis an Indian businesses. The article concludes with a call for a harmonized and transparent legal environment that accepts modern commerce realities and ensures level playing field competition in the Indian market.

Keywords: Trans-Border Reputation, Trademarks, Principle of Universality, Principle of Territoriality, Prius Case

TERRITORIALITY VS UNIVERSALITY- THE EVOLUTION OF TRANS-BORDER REPUTATION OF TRADEMARK IN I.

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