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IN THE HIGH COURT OF DELHI AT NEW DELHI
MINI PUSHKARNA
Aktiebolaget Volvo – Appellant
Versus
R. Venkatachalam – Respondent
JUDGMENT :
MINI PUSHKARNA, J.
1. The present suit has been filed seeking a decree of permanent injunction restraining infringement of registered trademark, passing off, dilution of trademark unfair competition, damages, delivery up, etc.
Facts of the Case:
2. The case, as canvassed by the plaintiffs, is as under:
2.1. The plaintiff nos. 1 to 3 ("plaintiffs") are companies organized under the laws of Sweden and are group companies of the reputed VOLVO group.
2.2. Plaintiffs are the registered proprietors of the trademarks “PENTA” and “VOLVO PENTA”. Plaintiffs'adoption of the name/mark PENTA dates back to 1913 and the plaintiffs first used "VOLVO PENTA" in the year 1964.
2.3. The trademark "PENTA" was registered in India bearing registration nos. 265555 in class 7 and 265556 in class 12 in favour of AB Archimedes- Penta, since the year 1970. The said trademarks were duly assigned to AB Volvo in the year 1975.
2.4. AB Volvo, by way of a Deed of Assignment on 26th February, 1999, assigned the rights, interests and title held by it in the trade marks that consist of or contain the word "VOLVO" including the device marks and the trade mark "PENTA" to affect a valid transfer of the trade marks to
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....
Trademark infringement occurs when a mark is used in a business name that is likely to confuse consumers regarding the source of goods, especially when the products are similar.
Important Point :The use of a trademark that is phonetically and visually similar to a registered trademark can lead to confusion, constituting infringement, especially when dishonest conduct is evid....
The principle of prior user of a trademark prevails over subsequent registrations, especially when confusion or association is likely between goods and services of similar trade sectors.
Ex-parte ad-interim injunction vacated for suppression of material facts in trademark infringement suit; plaintiff must disclose fully prior ownership, adverse orders, relationships with clean hands;....
Intellectual of Property Law - Infringement of Registered Trade mark - Plaintiffs has not applied for their trademark to be treated as a well known trademark in terms of Rule 124 of Trade Marks Rules....
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