Record Details


Field	Value

Title	Transborder Reputation

Creator	Banerjee, Soumya

Subject	Transborder reputation spillover goodwill

Description	274-279 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.

Date	2009-03-31T05:04:11Z 2009-03-31T05:04:11Z 2006-07

Type	Article

Identifier	0971-7544 http://hdl.handle.net/123456789/3585

Language	en_US

Publisher	CSIR

Source	JIPR Vol.11(4) [July 2006]

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