- Research/Scholar Paper name – “THE PRIUS JUDGMENT AND TRANS BORDER REPUTATION OF TRADEMARKS IN INDIA”
- Author: Biyanka Bhatia
- Institution: University of Petroleum and Energy Studies
- Affiliation: Centre for Study of Contemporary Legal Issues
- Date of Publication: 18/05/2022
Abstract:
Trade names and marks represent a company’s reputation and credibility. And the greater the company’s reputation, the greater the value of the name associated with it. People try to protect their business names and marks as they would any other valuable possession. This is how the start of the trademark era was marked. The protection of a trademark also protects the reputation associated with it. Previously, the market’s scope was limited to the domestic market. However, since liberalization, transnational economic activities have taken a new leap, and the consumer base is no longer limited to domestic borders, but rather extends across the globe. This, in turn, has an impact on the brand’s global image. Indian Courts have been following the Universalist approach till 2017, when the judgment of Prius was given. The author seeks to recognize and analyze the impact of Prius judgment on trans-border reputation jurisprudence and to seek if it is an end of the road for the universality principle in India.