Page 217 - مجلة الملكية الفكرية العدد كامل

‫ المجلس الأعلى للثقافة‬- ‫لجنة حماية الملكية الفكرية‬

pool, but the opposition was that ‘whirlpool’ is the reg-
not accepted by the registrar istered trademark of the re-
of the trademark. Although spondents since 1937 in 65
on finding out that the com- countries wherein they have
pany owned by NR Dongre continuously been in busi-
was marketing inferior quali- ness. It was also noted that
ty machines under the name even though Whirlpool prod-
Whirlpool, TVS Whirlpool ucts were only sold to the US
filed an appeal in the High embassy in India, however,
Court seeking a permanent the brand name ‘Whirlpool’
injunction. was often advertised in in-
ternational magazines hav-
The Hon’ble Supreme ing wide circulation in India
Court observed that the and as a result, it was gain-
Whirlpool Corporation was ing a well-known reputa-
the prior user of the trade- tion in India. Subsequently,
mark since the year 1937, the respondents acquired a
however, the appellants ap- transborder or spillover rep-
plied for the said trademark utation with the ‘Whirlpool’
only in 1986. The Court mark by which people iden-
stated that the principle on tified washing machines and
which passing off action is other such electrical goods.
based states that no person
must sell his goods as the The Court also stated
goods of another. that since the mark ‘whirl-
pool’ has become synon-
The Court further stated

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