World Wrestling Entertainment Inc v Reshma Collection

Facts

• World Wrestling Entertainment Inc. (WWE) owned registered trademarks in "WWE" and "World Wrestling Entertainment" in India and globally
• Reshma Collection manufactured and sold garments, bags, and accessories bearing WWE marks and logos
• WWE's mark had trans-border reputation through television broadcasting, merchandise licensing, and digital media in India
• Reshma Collection had no licence or authorisation from WWE
• WWE filed suit for trademark infringement, passing off, and dilution

Issues

1. Whether WWE's mark qualifies as a "well-known trademark" under S.2(1)(zg) of the Trade Marks Act
2. Whether use of a well-known mark on dissimilar goods constitutes infringement and dilution
3. Whether trans-border reputation established through media is sufficient to claim protection in India

Held

• WWE is a well-known trademark within the meaning of the Trade Marks Act; it has enormous recognition in India through broadcasting, social media, and licensed merchandise
• Protection of well-known marks extends to dissimilar goods under S.29(4)
• Respondent's use dilutes the distinctive character of WWE's mark and takes unfair advantage of its reputation
• Trans-border reputation through television and internet is sufficient; physical presence or trade in India in the specific product category is not required
• Permanent injunction granted; damages awarded

Ratio Decidendi

A well-known mark carries protection beyond its registered categories. When a mark achieves iconic status through global media, any unauthorized commercial use on any goods creates an association that dilutes distinctiveness. The test is not consumer confusion (classic passing off) but unfair advantage and detriment to the mark's reputation. India's Trade Marks Act S.29(4) codifies this broader protection.