In India before a proper legislation came into effect, the protection for well-known trademark was given by way of common law principles like passing off. In Daimler Benz Akietgesellschaft v Hybo Hindustan, 1993 the manufactures of Mercedes Benz sought injunction against the defendants who were using the famous three pointed star in the circle and the word Benz, the court granted injunction against the defendants who were using these marks for selling apparel.

A well-known trademark in a general context means a mark which is widely known to the relevant section of the public and which enjoys a high reputation. The term relevant section means the consumers, manufacturing operations and the persons involved in the selling of the goods and services bearing such trademarks.