Breaking SUPREME COURT REAFFIRMS PUBLIC DOMAIN PROTECTION FOR DIGITAL LAWS
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Supreme Court of India 2017-12-14 dismissed

Toyota Jidosha Kabushiki Kaisha vs Prius Auto Industries Ltd. & Ors

Bench: 2 — Ranjan Gogoi

In Brief

Toyota, the Japanese car manufacturer, sued Prius Auto Industries for passing off and trademark infringement regarding the brand name 'Prius' used for auto parts. Toyota claimed global goodwill in the mark, but had not sold cars in India until 2009–2010. The defendants had registered and used 'Prius' since 2001–2003. The High Court's trial judge awarded Toyota an injunction, but the appellate bench reversed it. The Supreme Court upheld the reversal, holding that trademark rights are territorial: Toyota must prove goodwill specifically in the Indian market prior to the defendants' 2001 use. Widespread international advertising and later availability online did not establish goodwill in India at that time. Additionally, Toyota's unexplained eight-year delay in suing prejudiced the defendants who had used their registered mark openly throughout. Appeal dismissed.

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Trade Marks Passing Off Goodwill Reputation Infringement Well-Known Marks Territoriality Principle Delay Laches

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