Delhi HC restrains infringement of Volvo trademark

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The Delhi High Court has restrained the infringement of the trademark of Swedish vehicle manufacturer, Volvo In an order dated May 30, Justice Amit Bansal further restrained two transporters from the unauthorised use of the mark for their bus services.The Swedish vehicle maker filed a plea seeking a permanent injunction against the defendants from infringing its Volvo trademark.The defendants, the plea alleged, were Udaipur-based Ganesh Motor Body Repairs, a manufacturer and fabricator that made buses nearly identical or deceptively similar to the original Volvo buses, Rishabh Bus Private Limited in Delhi, which purchased buses from the maker and lured customers for its inter-city bus services by advertising its fleet of buses as Volvo buses.Volvo said another transporter, the Bahraich-based Shanti Travels, used a motif on its grille which was nearly identical to its grille.Arguing its case, the Swedish company said its " iconic grille slash trademark " was of particular significance as its placement on the grille of any bus or other automobile signified that the automobile was an originally a Volvo."The defendants, by manufacturing, using, displaying, and advertising lookalikes of the plaintiffs' well-known products, are attempting to create an unauthorised association with the plaintiffs (Volvo group), and target customers and deceive them to believe that the plaintiffs have launched an affordable new range of products," the plea said.The court held that the defendants had dishonestly copied and created fake, replica or counterfeit products of the plaintiffs' famous products bearing the Volvo trademarks."The defendants' attempt to use the suit trademarks is nothing but a mala fide attempt to encash on the plaintiffs' rights and amount to infringement and passing off of the suit trademarks, with a sole intention of riding piggyback on the plaintiffs' immense reputation and goodwill to achieve immense publicity, marketing and business gains," the court said.The order found a prima facie case in their favour of the Swedish maker for an ad-interim injunction."If the actions of the defendants remain unrestrained, then the practice of using the infringing grille slash trademarks on any bus will become rampant and the exclusivity associated with the plaintiffs' buses will vanish over time," it added.The court, as a result, restrained the defendants and their agents from infringing the Volvo mark in any manner by physically using it on buses or using it for travel services till October 9, the next date of hearing.

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