The judgment confirms the acknowledgment of trademark ownership and sets enforcement measures against infringement, emphasizing settlement agreements under the CPC.

ORDER (ORAL)

(Video-Conferencing)

I.A.10386/2021 (under Order XXIII Rule 3 of the CPC)

1. This is an application under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 (CPC) for decreeing of the suit between the parties in terms of the settlement at which they have arrived. The terms of settlement, as set out in paras i to xii of para 7 of the application, read thus:

"i. The Defendant acknowledges that the Plaintiffs are the rightful owners of and registered proprietors of the trademark `VOLVO' and `VOLVO formative marks' in India. The Defendants specifically recognize the Plaintiffs' sole and exclusive common law and statutory rights as are vested in their trademarks comprising of the name/word `VOLVO'. An illustrative list of some of the Plaintiffs' registrations for the said trademarks in India, as are also outlined in paragraph 12 of the Plaint are given below:

Sl.no.	Trademark	Registration No.	Date of application	Class
1	VOLVO	763291	20.06.1997	4
2	VOLVO PENTA	1384891	14.09.2005	4,9,35
3		1404133	06.12.2005	2,4,9,12,35,37,39
4		3249588	12.02.2005	2,4,9,12,35,37,39
5	VOLVO	1240074	26.09.2003	35
6		3251273	12.02.2005	12,35,37,39
7	VOLVO	1240076	26.09.2003	39
8	VOLVO	1240071	26.09.2003	37
9	VOLVO OCEAN RACE	1618995	06.11.2007	35
10	VOLVO SELEKT	2119694	22.03/2011	35
11	VOLVO	361886	15.05.1980	12
12	VOLVO	763280	20.6.1997	12
13		1930763	4.03.2010	12
14	VOLVO	763296	20.06.1997	9

The Defendant further acknowledge the exclusive rights of the Plaintiffs in numerous copyrighted works in India, including but not limited to the `VOLVO' trademarks as well as the pictorial images associated therewith.

ii. The Defendant agrees and acknowledges that the Plaintiffs' trademark `VOLVO' is a well-known trademark as defined under the provisions of section 2 (1) (zg) of the Trade Marks Act, 1999.

iii. The Defendant agrees and acknowledges that he through his organisation, Travel Treat Holidays has infringed the statutory and common law rights of the Plaintiffs as are vested in their `VOLVO' trademarks. In relation to the same, the Defendant tenders an unconditional apology for the various activities of his organization which constitute a violation of the statutory and common law rights of the Plaintiffs as are vested in the said trademarks.

iv. The Defendant confirms that he has ceased all use ( offline and online) of the name/mark `VOLVO' in relation to the activities of his organisation, Travel Treat Holidays , specifically to describe the holiday tour packages being offered by it titled as `VOLVO Tour Packages' and `Shimla Manali VOLVO Packages' and individual tour packages referred to as : `Delhi Shimla Manali VOLVO Packages', `Manali VOLVO Packages', `Shimla VOLVO Package', `Himachal VOLVO Package', `Honeymoon VOLVO Packages', `Shimla Manali VOLVO Tour Package', `Kullu Manali VOLVO Package from Bangalore' and `Dharamshala VOLVO Packages' and `Manali VOLVO Package from Bangalore' etc.

v. The Defendant agrees and undertakes that he, his organisation , Travel Treat Holidays, subsidiaries, affiliates, franchisees, co-proprietors/partners, officers, servants, agents, distributors, assigns, licensees, stockists, representatives and anyone acting for or on their behalf, including all the companies operated, managed and controlled by the Defendant will never use trademark/name `VOLVO' or any name/mark confusingly or deceptively similar thereto, in relation to the business of providing travel consultancy services, budget and luxury accommodation, online booking of bus tickets and holiday bus tour packages including the impugned domain name, www.delhimanalivolvobooking.com and the website hosted thereto; in meta-tags associated with the impugned domain name, in the form of textual references or use in the form of images or logos, in third party listings, references in the social media and/or any representation in any manner whatsoever; or a