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DELHI HIGH COURT
J.R.MIDHA
Aktiebolaget Volvo – Appellant
Versus
Vaishali Travels – Respondent
| Table of Content |
|---|
| 1. plaintiffs' established trademark rights in 'volvo' (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 2. defendant's misuse of the trademark 'volvo' (Para 14 , 15) |
| 3. court recognizes prima facie case and issues interim order (Para 16 , 17) |
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
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 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 ....
The judgment confirms the acknowledgment of trademark ownership and sets enforcement measures against infringement, emphasizing settlement agreements under the CPC.
The court granted an ex-parte ad-interim injunction in a trademark infringement suit where the defendant manufactured 'lookalike' buses featuring the plaintiff's registered, well-known 'grille-slash'....
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 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 court affirmed the validity of the plaintiffs' trademarks 'PENTA' and 'VOLVO PENTA', granting a permanent injunction against the defendants for infringement and passing off, emphasizing the marks....
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