Confidential and Privileged
List of types of Evidence (of use and goodwill/reputation of the mark) which will be
useful:
I. Evidence of client’s use (including use through licensees) of the DOUBLE DARE mark in
respect of goods and services in India since the adoption of the mark:
a. Evidence of the earliest and thereafter continuous telecast of any of the Client’s shows
under the mark in India.
b. Copies of (at least some of) the earliest sales invoices/purchase orders; and copies of
(at least some) sales invoices/purchase orders of each of the subsequent years of goods
under the mark, having the buyers’ and/or sellers’ addresses in India.
c. Year-wise revenue figures of the Client’s sales of goods and services under the mark
worldwide, including in India.
d. Evidence of availability (for purchase) of the goods and services under the mark in
India (including availability through online portals of the client or third-party vendors).
e. Viewership figures of the Client’s shows under the mark worldwide, including in India.
f. Copies of packaging, labels, price lists, catalogues, carton, packaging insert, etc. of
goods featuring the mark in India.
g. List of Client’s distributors for products/broadcasters for shows under the mark in India
along with their addresses.
h. licensing/distributorship agreements or collaborations entered into by the Client for
telecast and promotion of the shows/sale of the goods under the mark in India;
i. Copies of advertisements and/or promotional material for products under the mark in
India.
II. Evidence of goodwill and reputation of the Client’s DOUBLE DARE mark in India:
a. Year-wise figures for expenditure on advertisement and promotion of the mark within
and outside India (if any);
b. Record of successful enforcement of the mark (either by way of a legal pronouncement
or by way of private negotiation/ settlement between the parties) within and outside
India;
Confidential and Privileged
c. Accolades, awards, media-mentions, press-releases, rankings, reviews, consumer
surveys, opinion polls, write-ups, etc. in respect of the mark within and outside India;
d. Publication of use or advertisement of the mark in digital and print media having
circulation in India or accessible in India (such as in newspapers, magazines, journals,
websites, blogs, press-release, subscriptions, correspondences, hoardings, pamphlets,
etc.);
e. A complete and updated list of the Client’s worldwide trademark registrations (and
certificates of registration) and domain name registrations featuring the mark.
f. Numbers of visitors/subscribers of the client’s website/social media pages under the
mark, having IP addresses originating in India.
g. evidence of use of the mark outside India by Indian customers, users or companies
having India presence/connection;
h. certificate(s) of approval for use of products and services under the Client’s mark in
India;
i. country(ies) of manufacture of the Client’s products under the mark and evidence of
import/export to/from India;
j. volume of import/export of the Client’s products under the mark to/from India;
k. any other evidence to attribute knowledge of the mark to the customers, users, traders,
or public at large in India, including knowledge in India obtained as a result of
promotion of the mark;