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Trade mark territoriality in India after the Supreme Court’s Prius ruling

Karry Lai, Hong Kong

Toyota recently lost a trade mark case at India’s Supreme Court, in a surprising decision that has shaken up the principle of territoriality in trans-border reputation

India’s Supreme Court has held that IP rights are territorial in the Toyota Jidosha Kabushiki Kaisha v M/S Prius Auto Industries case, which was decided in December.

The court noted that, although Toyota Prius is well known outside...

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