Delhi High Court grants interim relief to Volvo in trademark case over fake buses

The Delhi High Court recently granted an interim injunction to Volvo, restraining Indian bus manufacturers and inter-city bus service companies from using the Swedish company's trademark and design [Aktiebolaget Volvo & Ors v. Shri Ganesh Motor Body Repairs & Ors].Justice Amit Bansal observed that the defendants have violated Volvo’s rights by deliberately and dishonestly creating fake Volvo buses. “It is clear that the defendants’ aforesaid acts are violating the statutory and common law rights of the plaintiffs’ in the suit trademark. The defendants have deliberately and dishonestly copied and created fake/replica/lookalike/counterfeit products of the plaintiffs’ well-known products bearing the suit trademarks,” the Court stated. .Volvo submitted that it had adopted the trademark In the year 1915 and has continuously used it on a global scale. The defendants are bus manufacturers and inter-city bus service providers who have been using the marks to create an unauthorised association with Volvo and deceive customers..The Court noted the male fide attempt of the Indian bus manufacturers to encash on Volvo’s reputation amounts to infringement and passing off.“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.".It noted that the defendant bus manufacturer has admitted to manufacturing and selling such buses carrying the infringing logos on more than 100-125 occasions. Thereby, the Court opined that it is imperative to stop such blatant infringement.“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 and marks will vanish over time,” the order stated. .Thus, the Court stated that a prima facie case has been made out by Volvo for grant of an interim injunction in its favour. Accordingly, the Court restrained the defendants from using, manufacturing, marketing, offering for sale, supplying, deploying, displaying, advertising, dealing with buses or any other goods or services bearing the mark Volvo and its grille-slash mark.The next date of hearing is on October 9. .Advocates Vaishali Mittal, Siddhant Chamola and Saijal Arora appeared for Volvo. .[Read order]