Setback for Toyota: Delhi High Court sets aside permanent injunction preventing Prius Auto from using PRIUS mark

India

In Prius Auto Industries Ltd v Toyota Jidosha Kabushiki Kaisha, the Division Bench of the Delhi High Court has set aside a permanent injunction granted by a single judge preventing Prius Auto from using the mark PRIUS. Among other things, the Division Bench found that Toyota had failed to establish the trans-border reputation of its PRIUS mark in India at the time when Prius Auto adopted the same name.

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