V. Kameswar Rao, J.

1. This suit has been filed by the plaintiffs, organized under the laws of Sweden with the following prayers:-

“a. An order for permanent injunction restraining the Defendants, their principal officers, partners, sister concerns, licensees, servants, representatives and agents or any of them, from manufacturing, selling, offering for sale in India, offering for export, packaging, advertising, directly or indirectly dealing in manufacturing and supplying of the lubricating oil products or any goods whatsoever under the mark 'VALVO' or any other trademark identical and/or deceptively similar to the plaintiffs’ well-known trademark VOLVO amounting to infringement of the Plaintiffs well-known trademark VOLVO;

b. An order for permanent injunction restraining the Defendants, their principal officers, partners, sister concerns, licensees servants, representatives and agents or any of them, from manufacturing, selling, offering for sale, packaging, advertising, directly or indirectly dealing in lubricating oil products or any goods whatsoever under the mark 'VALVO' or any other mark identical and/or deceptively similar to VOLVO or having the trademark VOLVO as a part of the brand name/device mark/trading style/domain name or in any other manner as may lead to passing off of the Defendants' goods and/or business as that of the Plaintiffs.

c. An order for permanent injunction restraining the Defendants, their principal officers, partners, sister concerns, licensees servants, representatives and agents or any of them, from using the well-known trademark VOLVO or any other trade mark deceptively similar thereto in any manner whatsoever on any goods or services so as to cause dilution of the distinctiveness of the trademark VOLVO and tarnishing the reputation of the Plaintiffs;

d. A decree for damages of Rs.2,00,000/- be passed in favour of the Plaintiffs and against the Defendants.

e. An order for delivery up to the Plaintiffs for destruction/ erasure all the products bearing the mark 'VALVO' or any other mark identical to and/or deceptively similar to the Plaintiffs' trademark VOLVO, such as stationery, packing, promotional material, brochures, pamphlets, hoardings, letter heads, visiting cards, goods, stickers, cartons, dies, articles, price tags;

f. An order for costs of the suit.”

2. Plaintiff No. 1 owns and controls shares in various corporations and companies, which are together referred to as the “Volvo Group of Companies”. Plaintiff No. 3 owns and controls shares of various corporations and companies, which are together referred to as the “Volvo Car Companies”. The Volvo Group of Companies and Volvo Car Companies are hereinafter referred as the “Volvo Tm Companies. Plaintiff No. 1 case is that it is an international automotive and transport vehicle group and provides a wide spectrum of transportation-related products and services, with superior quality and high standards of safety and environmental care to demanding customers in selected segments. According to the plaintiffs, plaintiff No. 3 occupies a prominent position as a car producer and 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. Before 1991, the business activities carried out by plaintiff No. 1 in India were in the nature of distributorship activities mainly in relation to cars, marine engines and construction equipment under the trademark VOLVO. After 1991, plaintiff Nos. 1 and 3 established “Volvo India Private Limited” in India. It has established a truck factory in India in the State of Karnataka. Plaintiff No. 3 is active in India via the company “Volvo Auto India Pvt. Ltd.” which was opened in Delhi in September 2007 and commenced business in India by launching two car models Volvo S80 and Volvo XC90 in the last quarter of 2007.

3. It is the case of the plaintiffs that they have adopted VOLVO, a rare La