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C. HARI SHANKAR
Aktiebolaget Volvo – Appellant
Versus
M K Enterprises – Respondent
ORDER (Oral)
I.A. 12910/2023 (Order XXIII Rule 3 of the CPC)
1. The disputes between the parties stand settled and a joint application under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 (CPC) has been filed.
2. The terms of settlement reads thus:
"i. The Defendant herein acknowledges and recognizes the exclusive statutory and common law rights of the Plaintiffs in the following trademarks (hereinafter referred to as the 'VOLVO' trademarks), in India as are directly relevant to the present proceedings, including all other trademark registrations comprising of the 'VOLVO' word, device and logo marks, not specifically mentioned herein which the Defendant does not and shall not contest:
| Sl. No. | Trademark | Regis No. | Date of Application | Class | Status |
| 1. | VOLVO | 763291 | 20.06.1997 | 4 | Registered |
| 2. | [IMG] VOLVO (device) | 1404133 | 06.12.2005 | 4, 7, 12, 35 | Registered |
| 3. | VOLVO PENTA | 1384891 | 14.09.2005 | 4, 7, 12, 35 | Registered |
| 4. | [IMG] | 3249588 | 12.02.2005 | 4, 12, 35 | Protection granted |
| 5. | [IMG] | 3251273 | 12.02.2005 | 12, 35 | Protection granted |
| 6. | VOLVO | 361886 | 15.05.1980 | 12 | Registered |
| 7. | VOLVO | 763280 | 20.06.1997 | 12 | Registered |
| 8. | [IMG] | 1930763 | 4/03/2010 | 7, 12 | Registered |
| 9. | [IMG] | 1759086 | 02/12/2008 | 12 | Registered |
| 10. | [IMG] | 1759088 | 02/12/2008 | 12 | Registere |
The judgment confirms the acknowledgment of trademark ownership and sets enforcement measures against infringement, emphasizing settlement agreements under the CPC.
The court has the authority to examine and decree a suit based on the terms of settlement between the parties under Order XXIII Rule 3 of the CPC.
The court's decision was influenced by the binding nature of the settlement agreement, which required the defendants to acknowledge the plaintiff's trademark and cease all use of the impugned marks.
Enforceability of settlement agreement under Order XXIII Rule 3 of the CPC.
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 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.
The main legal point established is the enforceability of the terms of settlement under Order XXIII Rule 3 of the CPC in settling the trade mark dispute.
Settlement agreements can resolve disputes and lead to the decree of a suit in terms of the settlement.
The court upheld the settlement agreement as lawful and binding, leading to the decree of the suit in terms of the settlement.
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