Top 3 IP Cases to Watch in India - 2017

Toyota v. Prius Auto

Delhi High Court reverses order on ‘Prius’ brand and holds no infringement by Prius AutoIP. One of the biggest verdicts which made the headlines in July 2016 resulted in a landmark victory in favor of Toyota Motor corp. 
The July 8 verdict had found a Delhi-based entity Prius Auto guilty of infringing on Toyota's goodwill and reputation. However, in December a bench of Pradeep Nandrajog and Yogesh Khanna, JJ. set aside the July 8 verdict by a single judge restraining Prius Auto Industries, from using the 'Prius' trademark for its products after upholding a challenge earlier made by the Japanese car maker Toyota Motor Corp.

Prius Auto had challenged the interpretation of well-known trademarks, taken by Toyota to secure the judgment and had submitted before the division bench that such trademarks had to be determined in context to a similar class of goods and in a relevant geographical market. The bench also held that as Toyota's trans-border reputation on the 'Prius' brand had been established solely through passing references in newspapers, it could not be said to decisively prove the automatic recognition of the mark in favor of Toyota in India.

PayPal v. PayTM

A storm is brewing in the west. The recent demonetization carried out by the Indian government has apparently brought a big surge in the number of mobile/digital wallets customers. It has apparently also cleared out a way for the Indian e-commerce and payment

Conclusion

The Delhi High Court reverses the order on the 'Prius' brand and holds no infringement by Prius AutoIP. Toyota Motor Corp. wins a landmark victory in favor of their goodwill and reputation. The court sets aside the previous verdict and allows Prius Auto Industries to use the 'Prius' trademark for its products. The court also clarifies the interpretation of well-known trademarks and establishes that trans-border reputation solely through passing references in newspapers is not enough to prove automatic recognition of the mark in India.