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.

ORDER

1. The hearing has been conducted through video conference.

I.A. No. 204/2021

2. Allowed, subject to just exceptions.

I.A. No. 205/2021

3. The plaintiff is seeking permission to leave to serve the interrogatories to defendant Nos.1 and 2.

4. This Court is satisfied that the interrogatories are relevant and the defendant Nos. 1 and 2 should be directed to answer to the interrogatories.

5. The application is therefore allowed and defendant Nos.1 and 2 are directed to reply to the interrogatories on affidavit within two weeks of receipt of the summons.

CS(COMM)6/2021 & I.A. Nos. 202/2021, 203/2021

6. The Plaintiffs have filed the present suit seeking reliefs of permanent injunction restraining infringement of registered trademarks, passing off, dilution and tarnishment of trademark, damages, rendition of accounts, delivery up, transfer of domain name damages, costs etc.

7. It is submitted that Plaintiff No.1 is an international automotive and transport vehicle group and employs approximately 1,15,000 persons worldwide. Plaintiff No.1 provides a wide spectrum of transportation related products and services, with superior quality and high standards of safety and environmental care to customers in selected segments. Plaintiff nos.2 and 3 are companies organized under the laws of Sweden and Plaintiff no.3 occupies a prominent position as a car producer within its segment.

8. It is submitted that Plaintiff No.1 adopted the trademark/corporate name `Volvo' on 5th May, 1915. Plaintiff No.1 executed a global deed of assignment in favour of plaintiff No.2, who became the subsequent proprietor of the Plaintiff's following `VOLVO' trademarks and subsequently licensed these to Plaintiffs No.1 and 3 to use in relation to their respective businesses.

9. It is further averred that the word `VOLVO' is not found in any authoritative English dictionary and is thus a coined and inherently distinctive trade mark which is solely associated with the Plaintiffs. It is averred that the plaintiffs No.1 and 3 manufacture goods and provide related services throughout the world under the trade mark/name `VOLVO'. In addition to their core business in the transportation and automotive sector, the plaintiffs' use of the VOLVO mark also extends to wide range of ancillary products, services and businesses.

10. It is submitted that the Plaintiffs have a robust presence under the `VOLVO' mark in India for several decades and the plaintiff no.1 established an Indian flagship company in India in 1996. Plaintiff No.3 is also actively carrying on its business in India through its subsidiary, i.e. Volvo Auto India Pvt. Ltd. It is stated that the `VOLVO' trademark has been declared a well-known mark and is included in the List of well- known trademarks on the website of the Trademarks Registry at Sl. No.51 Part IV - Vol- IV - plaintiff's documents pages 921-926.

11. Reliance is also placed on Para 70 of the Aktiebolaget Volvo of Sweden vs. Volvo Steels Ltd. of Gujarat, 1998 PTC (18) 47 wherein the Bombay High Court held the `VOLVO' mark to be well-known.

"We are of the opinion that the aforesaid material prima facie shows that Volvo is recognized as one of the distinctive brands and that it has very large reputation and goodwill throughout the world and the plaintiffs have been successful to show prima facie its presence in India."

12. It is submitted that the Plaintiffs have obtained registration of numerous `VOLVO' trademarks all over the world including over two dozen registrations in India, the earliest of which dates back to 1975.The relevant registrations have been reproduced in paragraph 12 of the Plaint and supporting documents illustrating the subsisting statutory r