Though India is a member of Paris Convention and a disciplined follower of International obligations and treaties, still, there are many occasions when in the recent past we have seen some well known brands to fight out hardly for the protection of their respective intellectual asset ‘Trade Mark’. While protecting their rights, it’s true that results were in their favor but that involved higher litigation expenses, costs, risk and worry for losing a battle. It is not guaranteed for future litigations that the same results may come out in future.
According to analysts in, the litigation cost in the Whirlpool’s Case ran into billions and the High Court and Appellate Court went on to deliver the judgment in the matter against the Whirlpool, USA and later on Hon’ble Supreme Court of India came on to conclusion that registration may be irrelevant in this country but prior rights of an owner abroad can’t be ignored.
Toyota lost protection for its Trade Mark as one Indian applicant had obtained an earlier registration for the said mark for allied items and the Hon’ble Court went on to decide that as the Indian registrant has got statutory rights in the mark, no protection at interim stage could be given to Toyota and trial evidence should be let by them in the matter.
(TM) Intellect. All rights reserved © 2017