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Title: Transborder Reputation
Authors: Banerjee, Soumya
Keywords: Transborder reputation
spillover
goodwill
Issue Date: Jul-2006
Publisher: CSIR
Abstract: The acquisition of reputation depends upon the usage of a particular good or service in connection with business. The protection of reputation is embodied in the action of passing off and is as such different from goodwill which is an asset, thereby, protected by law itself. Transborder reputation has its genesis under the English law and in Indian law the concept is embodied in Section 35 of the Trade Mark Act, 1999 wherein the Indian courts have recognized action by foreign plaintiff on the basis of passing off solely upon the reputation of his goods/services on the foreign soil. Several parameters have been set by the Courts for judging as case on the basis of transborder reputation yet, numerous loopholes in the application of the concept continue to remain. This article explores the genesis of transborder reputation and its recognition by the courts of law in India and other countries.
Page(s): 274-279
ISSN: 0971-7544
Source:JIPR Vol.11(4) [July 2006]

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