Sporadic Use Of Trademark In India No Ground To Assume Goodwill Or Reputation: Delhi High Court
Live LawThe Delhi High Court has observed that sporadic use of a trademark in India cannot be a ground to assume that the said trademark has acquired reputation and goodwill of the mark in India. Pursuing the plaintiffs' records, the Court noted that sporadic use of mark in India cannot mean that it has acquired reputation and goodwill of the mark in India. It referred to Toyota Jidosha Kabushiki Kaisha vs. Prius Auto Industries, where the Supreme Court applied the territoriality principle and observed that there must be adequate evidence to show that the plaintiff has acquired substantial goodwill and reputation for its mark in India. It said, “Applying the aforesaid territoriality principle to the facts of the present case, while it can be said that the plaintiffs may be a well-known name internationally, but that by itself cannot be a ground to assume that there has been a spillover of the reputation and goodwill of the plaintiffs' mark in India.” The Court observed that the plaintiffs did not place anything on record to show that the defendants were aware that they were operating under the same name as the plaintiffs when adopting the impugned mark.
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