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.