The main legal point established in the judgment is the granting of an ex-parte ad interim injunction based on the prima facie case of trademark infringement and passing off, and the balance of convenience favoring the Plaintiffs.

ORDER

I.A. 3744/2022 (Exemption) & I.A. 3747/2022 (Exemption from institution of pre-litigation)

1. Allowed subject to all just exceptions.

2. Applications stand disposed of.

I.A. 3743/2022 (U/O XI R I (4) CPC)

3. Present application has been preferred on behalf of the Plaintiffs seeking leave to file additional documents.

4. Plaintiffs, if they wish to file additional documents at a later stage, shall do so strictly as per the provisions of the Commercial Courts Act, 2015 within a period of 30 days.

5. Application is disposed of.

I.A. 3745/2022 (U/O 26 R-9 R/WS. 151 CPC)

6. Mr. Anand, Learned Counsel for the Plaintiffs states that he does not wish to press this application.

7. Application is disposed of.

I .A. 3746/2022 (Exemption from advance service to the Defendant)

8. Since there is an urgency in the matter and the matter is heard today, Plaintiffs are exempted from serving Defendant with advance notice.

9. Application is disposed of.

CS(COMM) 152/2022

10. Let the plaint be registered as a suit.

11. Upon filing of process fee, issue summons to the Defendant, through all permissible modes, returnable on 31.03.2022. Summons shall state that the written statement shall be filed by the Defendant within 30 days from the receipt of summons. Along with the written statement, the Defendant shall also file an affidavit of admission/denial of the documents of the Plaintiffs.

12. Replication be filed by the Plaintiffs within 15 days of the receipt of the written statement. Along with the replication, an affidavit of admission/denial of documents filed by the Defendant, shall be filed by the Plaintiffs. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.

13. List before the Joint Registrar for marking of exhibits on 31.03.2022. I.A.No.3742of2022

14. Issue notice to the Defendant through all prescribed modes, returnable on 31.03.2022, before the Joint Registrar.

15. Present application has been preferred by the Plaintiffs under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure 1908 for grant of ex-parte ad interim injunction restraining the Defendant, its subsidiaries, affiliates, franchisees, proprietors, officers, servants, agents, distributors, stockists, representatives and anyone acting for or on its behalf from using the Plaintiffs' name/trademarks 'VOLVO' and 'FMX' and/or any name/mark confusingly or deceptively similar thereto, in relation to leaf springs and other parts used in the Plaintiffs' heavy vehicles or any other goods or services, in any manner, including on its websites including www.laminasprings.com and www.laminasuspension.com, social media accounts, third party websites including but not limited to www.indiamart.com or any representation made online by the Defendant, its affiliates, subsidiaries and anyone acting for or on its behalf amounting to infringement and dilution of the Plaintiffs' registered trademarks 'VOLVO', 'FMX' of the Plaint and from passing off its products as emanating from the Plaintiffs.

16. The present suit is filed for permanent injunction restraining infringement of trademark, passing off, damages, delivery, etc. It is prayed in the plaint that a decree of permanent injunction be passed to restrain the Defendants, etc. from using the mark/name 'VOLVO' and 'FMX' or any other mark/name deceptively similar to the Plaintiff's registered trademarks' 'VOLVO' and 'FMX' which would infringe Plaintiffs' registered trademark nos. 361886, 1404133, 1930763, 3249588, 3251273, 763280, 1384891, 1466300, 1759085, 1759086, 1759087, 1759088, 1759089, 2119694 and 1870312 and other trademark registrations. Other connected reliefs are also sought.

17. Learned counsel appearing on behalf of the Plaintiffs submits that Plaintiff No. 1 adopted the trade mark/name VOLVO in 1915 and is an international automotive and transport vehicle group. The Plaintiffs offer a wide spectrum of transportation related products and services with a strong