Supreme Court · 2017 INSC 1230 · Decided 14 December 2017

Toyoto Jidosha Kabushiki Kaisha v. Mis Prius Auto Industries LTD. & ORS.

Court
Supreme Court of India
Citation
2017 INSC 1230 · [2017] 12 S.C.R. 805
Case number
CIVIL APPEAL No. 5375/2017
Decided
14 December 2017
Bench
RANJAN GOGOI, NAVIN SINHA (2-judge bench)
Outcome
Dismissed
Case type
Civil

Headnote

Trade Marks Act, 1999 - Foreign claimant - Action for passing off - Maintainability of - Appellant-plaintifj; an automobile manufacturer incorporated in Japan, flied suit against respondent­ defendant seeking permanent injunction restraining the respondents from using appellant '.Y '. of which the plaintiff claimed to be a prior use1-, so as to prevent the respondents from passing off their goods as that of the appellant - Single Judge of High Court restrained the respondents from using A B c the mark 'prius' in respect of auto accessories manufactured by D them -

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