Bolt Technology OU v Ujoy Technology

"Territorial Trademark Rights: Presence Matters"

Case Overview :

Plaintiff:

Bolt Technology OU, an Estonia-based company that offers electric ride-sharing services under the 'BOLT' brand.

Defendant :

Ujoy Technology Private Limited, an Indian company that provides electric charging docks/stations under the 'BOLT' brand.

Key Points

- Trademark Infringement: Bolt Technology OU alleged that Ujoy Technology's use of the 'BOLT' mark infringes on its trademark rights.

- Transborder Reputation: The court considered whether Bolt Technology OU's reputation and goodwill extended to India, despite not having a significant physical presence.

- Priority Use: Ujoy Technology argued that it was the prior user of the 'BOLT' mark in India for electric charging docks/stations.

Court's Decision

- The court ruled in favor of Ujoy Technology, dismissing Bolt Technology OU's application for an injunction.

- The court held that Bolt Technology OU failed to establish a notable and recognized presence in India, and its presence did not amount to a trans-border spill-over or percolation of its image in India.

Implications :

- The case highlights the importance of establishing a significant presence in India to claim trademark protection.

- The court's decision has raised concerns among international businesses regarding the applicability of the territorial principle and the spill-over effect of image in India.