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december 2017

Supreme Court of India · 2017-12-14

TOYOTA JIDOSHA KABUSHIKI KAISHA vs M/S PRIUS AUTO INDUSTRIES LIMITED

Citation / case number
SC 2017/9646
Court
Supreme Court of India
Petitioner
TOYOTA JIDOSHA KABUSHIKI KAISHA
Respondent
M/S PRIUS AUTO INDUSTRIES LIMITED
Author
HON'BLE THE CHIEF JUSTICE RANJAN GOGOI
Bench
HON'BLE MRS. JUSTICE R. BANUMATHI HON'BLE THE CHIEF JUSTICE RANJAN GOGOI

Judgment text excerpt

The Supreme Court held that the plaintiff, an automobile manufacturer, is entitled to protection under Section 2(1)(zg) of the Trade Marks Act, 1999, as the mark 'Prius' qualifies as a well-known trademark despite not being registered in India at the time of the defendants' use. The Court emphasized that prior use and reputation can establish rights over a trademark, leading to the conclusion that the defendants' use of 'Prius' constituted infringement and passing off. The Court granted a permanent injunction against the defendants from using the plaintiff's registered and well-known trademarks, thereby upholding the plaintiff's claims.

TOYOTA JIDOSHA KABUSHIKI KAISHA vs M/S PRIUS AUTO INDUSTRIES LIMITED · Niyam