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C. HARI SHANKAR
Aktiebolaget Volvo – Appellant
Versus
Jonas Woodhead And Sons India Limited – Respondent
ORDER (ORAL)
I.A. 9560/2021 (under Order XXXIX Rules 1 and 2 of the CPC)
1. The present suit had been instituted by the plaintiff alleging infringement, by the defendant, of the plaintiff's registered trade marks "'VOLVO'" "[IMG]", in respect of Parabolic Leaf Springs 1st Axle, Parabolic Leaf Springs 2nd Axle, Bogie Rear, Bogie 32 Tons Rear, Shift FMX Parabolic Front or any other goods or services.
2. Accordingly, the plaint had sought a decree against the defendants, restraining them from using the aforesaid marks in respect of any goods or services or on any of the platforms on which they were having internet presence. The plaint further sought delivery-up, rendition of accounts, costs and damages.
3. While issuing summons in the suit, this Court, vide order dated 4th August 2021, granted an ad interim ex-parte injunction, restraining the defendants in the following terms:
"10. Plaintiff has made out a prima facie case. Accordingly, defendant is restrained by an ex parte injunction from selling, manufacturing or in any manner advertising or dealing in any manner from using the mark `VOLVO', [IMG], and [IMG] or any other name/mark confusingly or deceptively similar thereto as a
The court may grant an ad interim injunction restraining the defendant from using the plaintiff's trademarks if a prima facie case of trademark infringement is established and the defendant expresses....
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 conve....
The main legal point established in the judgment is the court's authority to grant a summary judgment in cases where the defendant has no real prospects of successfully defending the claim and fails ....
Infringement of well-known trademarks under the Trade Marks Act, 1999 and the grant of permanent injunction and damages as remedies.
The court affirmed the trademark's well-known status and granted interim protection against its unauthorized use, establishing a prima facie case of infringement by the defendant.
Settlement of disputes under Order XXIII Rule 3 of the CPC and the court's authority to decree suits based on lawful settlement terms.
The court granted an ex parte injunction against defendants for trademark infringement, finding prima facie merit in the plaintiff's claim and recognizing potential irreparable harm.
Availability of alternative effective remedy and the importance of disclosing all relevant facts in legal proceedings
The judgment confirms the acknowledgment of trademark ownership and sets enforcement measures against infringement, emphasizing settlement agreements under the CPC.
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