Page 216 - مجلة الملكية الفكرية العدد كامل
P. 216
العدد الثالث- مجلة ثقافة الملكية الفكرية
interfered with the normal violated Article 2 of the An-
business operation of Em- ti-Unfair Competition Law,
erson. In addition, the court and constituted unfair com-
also considered the fact petition.
that Xiamen Anjier, Xiamen
HNBC and Wang Yiping, India:
their legal representative
and person in charge, had India, in its Trademarks Act,
filed to register trademarks has provided for the protec-
identical or similar with more tion of foreign trademarks
than 100 trademarks that concerning the “Trans-bor-
were identical or similar to der Reputation” principle.
famous brands in China,
such as Dow, Daimler, Uni- Dongre v. Whirlpool Cor-
lever, etc. poration41: Plaintiff used to
distribute products to US
Based on the above facts, Embassy in India exclusive-
the first-instance court holds ly, but after some time they
that the two defendants’ entered into a partnership
piracy of the In-Sink-Er- with TVS, and subsequently
ator Trademarks violated the mark registered to them
the principle of good faith, was abandoned by them and
disrupted the order of fair hence was registered by the
market competition, dam- defendant. This registration
aged the legitimate rights was opposed by TVS Whirl-
and interests of the plaintiff,
41 N.R. Dongre and ORS. V Whirl-
pool Co. and ANR., HON’BLE Su-
preme Court of India, (1996) 5 SCC
714, 30th August 1996.
216
