AKTIEBOLAGET VOLVO Vs. A K BHUVA

JUDGEMENT

(1.) The present suit has been filed for permanent injunction restraining infringement of trademark, passing off and dilution, mandatory injunction directing withdrawal of an application for registration of the trademark, damages, delivery up and costs. The plaintiffs are public companies incorporated under the laws of Sweden and represented through their Constituted Attorney Col.(Retd.) J.K. Sharma. Plaintiff No. 1 assigned the right, title and interest in the trademark VOLVO including the subsisting goodwill to the plaintiff No. 3 through a Global Deed of Assignment dated 26th February 1999. By way of a Supplementary Deed of Assignment dated 23rd March 2001, the plaintiff No. 1 has assigned registered trademarks and applications pertaining to the trademark VOLVO in various classes in India. Thus, the plaintiff No. 2 is the registered proprietor of the trademark VOLVO in various classes. By way of Global License Agreement dated 28th February 1999, plaintiff No. 2 has licensed the use of the trademark VOLVO to the plaintiff No. 1 & plaintiff No. 3 within their respective businesses. Plaintiff No. 1 is among the world leaders in heavy commercial vehicles such as trucks, buses and construction equipment, as well as in drive systems for marine and industrial applications, aircraft engines and space propulsion components. Plaintiff No. 3 occupies a prominent position as a car producer within its segment. It is claimed that plaintiff No. 2's trademark VOLVO is a well-known trademark as per Section 11(6) of the Trade Marks Act, 1999.

(2.) Grievance of the plaintiffs in the suit is that the defendants who are engaged in the business of manufacture and sale of electric motors and pumps, domestic flour mills, submersible pump sets, self priming pumps have also adopted trade mark 'VOLVO'.

(3.) The defendant vide the trademark application No. 1252754 filed before the Registrar of Trade Marks applied for registration of the mark VOLVO in respect of electric motors and pumps, domestic flour mills, submersible pump set, self priming pump in class 7. The defendants' application was advertised in Trade Marks Journal No. 1327 Suppl. (1) dated 3rd January 2005 and has been filed and exhibited as Ex. PW-1/21. The plaintiff filed a Notice of opposition against the defendants' application that was withdrawn by the defendants. The learned Registrar of Trade Marks has by on Order dated 11th August 2005 declared the defendants' applications as withdrawn that has been filed and exhibited as Ex. PW-1/22.