AKTIEBOLAGET VOLVO Vs. V N PRASAD

JUDGEMENT

(1.) CS (OS) No. 254/2004 The plaintiffs have filed a suit for permanent injunction for restraining infringement of trademark, passing off, damages, delivery up, etc in respect of the trademark VOLVO or any other deceptively similar trade mark and for damages.

(2.) The plaintiffs are engaged in the business of assembly of cars and truck since 1927-28. The plaintiffs adopted the word VOLVO, which is stated to be rare Latin word both as a trademark and a trade/corporate name. This name is stated to be an invented mark as it has no obvious meaning nor is it found in any authoritative dictionary of the English language. The mark has been registered in various countries of the world. The plaintiff states that this mark VOLVO acts as a source identifier as it stands for the high standards and superior quality of goods manufactured by the plaintiffs and sold all over the world. The significance of the brand is sought to be substantiated by stating that two reputed authorities on brands i. e. 'The world's Greatest Brands' edited by Nicholas Kocham and 'Brands, an International Review' have ranked the trademark VOLVO amongst he few well known trademarks.

(3.) On 26. 02. 1999, the plaintiffs are stated to have assigned by way of Global Deed of Assignment, the rights, interests and title in the trademark VOLVO as also the trademark PENTA to plaintiff no. 2. The Plaintiffs no. 1 and 3 are stated to be shareholders in equal proportions in Plaintiff no. 2.