$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 12^th November, 2024 + CS(COMM) 350/2021 & I.A. No. 44768/2024 AKTIEBOLAGET VOLVO & ORS. .....Plaintiffs Through: Mr. Pravin Anand with Ms. Vaishali R. Mittal, Mr. Siddhant Chamola, Mr. Karan Kr. Kamra, Mr. Shivang Sharma and Mr. Gursimran Singh Narula, Advocates.

(M): 9999052646 Email: shivang.s@anandandanand.com versus JONAS WOODHEAD AND SONS INDIA LIMITED .....Defendant Through: Mr. Jayant Kumar, Advocate.

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J (ORAL)

1. With the consent of the parties, the matter is taken up for final adjudication.

2. The present suit has been filed seeking a decree of permanent injunction restraining infringement of registered trademark, passing off, rendition of accounts, delivery up, damages, costs, etc.

3. The case, as canvassed by the plaintiffs, is as under:

3.1 The plaintiff nos. 1 to 3 (“plaintiffs”) are companies organized under the laws of Sweden having their registered offices at Goteborg, Sweden.

Signature Not Verified Digitally Signed By:CHARU CS(COMM) 350/2021 Page 1 of 10

3.2 Plaintiff no. 1, incorporated in 1915, commenced its business of assembling cars in April 1927 and trucks in 1928. Plaintiff no.1 executed a Global Deed of Assignment in favor of plaintiff no. 2, who became the subsequent proprietor of the plaintiffs‟ „VOLVO‟ trademark and subsequently licensed the same to plaintiff nos. 1 and 3, to use the same in relation to their respective businesses.

3.3 The plaintiffs on 5^th May, 1915 adopted the trademark/trade name „VOLVO‟, which is a coined and inherently distinctive trademark, solely associated with the plaintiffs.

3.4 The plaintiffs are the registered proprietors of the trademark „VOLVO‟ in relation to vehicles and parts thereof, having registration of numerous „VOLVO‟ trademarks all over the world, including, in India in different classes, which are valid and subsisting.

3.5 The plaintiffs‟ use of the trademark „VOLVO‟, in addition to its core business of transportation also extends to a wide range of ancillary products, services and businesses, including, the business of manufacturing, spare parts, accessories and ancillary parts for vehicles under the trademark „VOLVO‟.

3.6. The plaintiffs commercially launched their first „VOLVO‟ bus in India in 2001. The plaintiffs‟ intercity coaches traverse all major routes and operate in all major cities throughout India. In addition, the plaintiffs‟ Indian subsidiary exports „VOLVO‟ buses to Bangladesh and Sri Lanka. The plaintiffs‟ Indian subsidiary also exports VOLVO buses in the city segment to Europe. Presently, there are over 7,300 Volvo buses operating in the SAARC region, with about 5000 Volvo buses operating in India, alone.

Signature Not Verified Digitally Signed By:CHARU CS(COMM) 350/2021 Page 2 of 10

3.7 The plaintiffs had sold close to 2029 cars under the trademark „VOLVO‟ in India alone by the year 2017, whereas, global sales of cars under the VOLVO trademark/name, were close to 571,577 by the end of

2017.

3.8 The plaintiffs‟ trademark „VOLVO‟ has been recognized as a well- known trademark in India by the Trade Marks Registry pursuant to the Judgment delivered by Division Bench of the Bombay High Court in an Appeal titled Aktiebolaget Volvo Versus Volvo Steel Ltd., [1998 PTC (18)

47]

3.9 The plaintiffs have also spent a substantial amount of money every year towards the promotion, publicity and advertisement of their business under the trademark/trade name „VOLVO‟.

3.10 The plaintiffs enjoy common law rights in the „VOLVO‟ name and trademark due to the long-standing, continuous and extensive use of the trademark/trade name „VOLVO‟ by the plaintiffs across the world since

1915 and in India for many decades.

3.11 The defendant, Jonas Woodhead & Sons (India) Limited, is a private limited company which was incorporated on 8^th March, 1963 with its registered office located at Chennai, Tamil Nadu, India. The defendant is a manufacturer of “Parabolic Springs, Leaf