Breaking News: Toyota Loses Trademark Battle over Prius at Indian Supreme Court

Dec 2022

The plaintiff, in this case, is Toyota Jidosha Kabushiki Kaisha and they seek to prevent the defendant, a spare parts supplier by the name M/S Prius Auto Industries Limited, from the usage of the trademarks- “Toyota”, “Innova”, and “Prius”.

According to the finding of the court, two of the three trademarks mentioned, namely Toyota and Innova were registered trademarks of the plaintiff and the lower court hearing the case had no issue in finding the favor of Toyota in this count. Interestingly, the defendants did not contest these findings in the Supreme Court.

The contest was over the trademark, “Prius” in which the plaintiff claimed that it belonged exclusively to them. According to the finding, the plaintiff had no trademark registration for “Prius” in India and on the other side, the defendant had their registration with the same name dating back to 2002 in India. The plaintiff Toyota challenged that they had been using the trademark as early as 1997 and that the defendants had wrongly and dishonestly registered the same name in India.

The Supreme Court has to decide upon if the plaintiff could still claim the trademark of being a prior user of the name despite the defendants’ registration of Prius as their trademark.

The Supreme Court ruled in favor of the defendant with the view that the Plaintiff had not supplied enough evidence of the reputation of the mark “Prius” in the Indian market. The court held that merely because Prius is a well-known name outside India, it does not necessarily mean that it enjoys a reputation in India as well. Its reputation in the local milieu needs to be proved as well.

The court’s ruling took the trademark law to its foundational roots by blunting the pervasive overreach of the trans-border reputation doctrine. Besides, there are other two things worth noting from the above ruling of the court.

  • The court sticks strongly to the view that mere reputation alone does not suffice for a passing off action and one needs to demonstrate local goodwill, which at the least means that there must be some customers within the local jurisdiction.
  • The apex court ruled that proof of actual confusion is often difficult to adduce and therefore the likelihood of confusion was the appropriate test, even at the interim stage.

This particular case on the context of legal legibility, the decision is supposedly quietly high,however, on certain legal aspects, the decision could have done far better.

Trending Blogs
Drug Patents and Generic Pharmaceutical Drugs
When a drug is manufactured and released to the market in the initial period, it is sold under a certain brand names and can only be availed from a pharmacy after being prescribed by the doctor. The patent of the drug is owned by a few brands who are the only eligible brands to manufacture […]
Read More
Early-Stage Intellectual Property to Raise More Money
What is Artificial Intelligence? Creation of innovative ideas is what matters the most in running a business. People were least bothered to patent the designs. But with increasing use of almost similar ideas in the businesses, it is of great importance to patent the ideas. This shall help in better growth of the business and […]
Read More
Evaluation Intellectual Property Rights
Intellectual property has always existed since the dawn of time but there were no laws in place for their protection. Intellectual property is intangible asset, be it music, creative writing, arts, discoveries, inventions and development of unique words, symbols and artwork. Intellectual property rights is a generic term that covers copyright, industrial design, trade secrets, […]
Read More
An Overview of Copyright
WIPO defines copyright as the right of creators to ownership of their creations and to make use for commercial or other purposes. Copyright today covers literary creations, printed material, computer programs, data, audiovisual media, dance, paintings and drawings, photographs, sculpture, architecture, ad material, technical drawings and others that are the outcome of intellectual effort. From […]
Read More
Celebrity Rights – Public, Private or Intellectual Property
Celebrity lives are mostly public these days through different sources but they too want to maintain certain privacy. This has triggered the need to maintain celebrity rights on different properties. There are several company options that are selling products with celebrity faces from bags to soaps to cosmetics to many others. It requires suitable celebrity […]
Read More
Why Is Protection of Geographical Indication or Designation of Origin Essential?
Having knowing regarding geographical indication along with designation of origin is something that is of great need these days. Geographical indication or GI indicates a symbol, name or sign relating to a product that corresponds to a definite geographical origin, product’s features, qualities that are due from the origin. To make a sign work as […]
Read More
Intellectual Property Rights in the Era of Counterfeit Goods
The industry of counterfeited products has taken shape due to the desire of customers to get hands-on high quality item at reasonable rates. They have great satisfaction in this and this is where the counterfeited goods are made available in the market. Different world markets are full of counterfeited products ranging from cosmetics, electronics, footwear, […]
Read More
Protection Folklores India Intellectual Property Rights
India is a land of diversity when it comes to folk and ethnic culture with hundreds of ethnic, linguistic and religious groups with diverse origins and lifestyles that, over time, intermingled in part and remained untouched in parts over centuries. Perception about folklore differs in India, mainly associated with tribals and simple rural people, rather […]
Read More
Fluid Trademarks
Fluid mark is often thought of as a conventional mark which can be converted to a living form with some specific representation. In other words, fluid trademark is a modern method of branding that shall help achieve success easily in this digital era. As per the name, the mark tends to change with time. This […]
Read More
Delhi HC’s Ex Parte Order in Coca-Cola Company & Anr vs Glacier Water Industries Ltd.
This is a case of a Delhi High court ex parte proceeding concerning trademark dilution. The plaintiff filed a suit seeking a permanent injunction, damages and to restrain them from passing off their products as that of the plaintiff. The plaintiff also pleaded the court to restrain the defendants from using the mark ‘KINLEY’ and […]
Read More
X
Download Firm Profile