Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Del) 48401

Amit Bansal, J
Aktiebolaget Volvo & Ors. v. Shri Ganesh Motor Body Repairs & Ors.
CS(COMM) 601/2025

Advocates:
For the Appellants/Petitioners: Vaishali R. Mittal, Siddhant Chamola, Saijal Arora
For the Respondents: None

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' trademark and trade name, causing consumer deception and dilution of the plaintiff's established goodwill.

Headnote:The plaintiffs filed a suit alleging trademark infringement and passing off by the defendants, who manufactured and operated bus bodies imitating the plaintiffs' 'VOLVO' trademark and iconic 'grille-slash' motif. The plaintiffs sought an ex-parte ad-interim injunction to restrain the defendants from using, manufacturing, or advertising goods deceptively similar to their well-known registered trademarks. The court, after examining the prima facie evidence of unauthorized use and the potential for irreparable harm to the plaintiffs' established reputation, granted the interim relief. The core issues were whether the defendants' use of marks identical or deceptively similar to the plaintiffs' well-known 'VOLVO' and 'grille-slash' trademarks constituted infringement under the Trade Marks Act and whether such actions misled consumers into believing there was an association with the plaintiffs. The court reasoned that since the plaintiffs are the exclusive registered proprietors of the marks, the defendants’ unauthorized use—specifically in fabricating buses to resemble the plaintiffs' products—constitutes a mala fide attempt to piggyback on the plaintiffs' goodwill and deceive the public, thereby necessitating interim protection. The court restrained the defendants, their agents, and affiliates from using, manufacturing, marketing, or advertising any goods, services, or buses bearing the 'VOLVO' marks, the grille-slash, or any deceptively similar trade dress until the next date of hearing.

Table of Content
1. procedural compliance for commercial court suits and exemption from mediation for urgent relief. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7)
2. registration of suit and procedural management of interrogatories and document filing. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23)
3. establishment of plaintiffs' well-known status, trademark registration, and reputation for the 'grille-slash' design. (Para 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50)
4. evidence of defendant infringement through manufacture and sale of lookalike counterfeit products. (Para 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58 , 59 , 60 , 61 , 62)
5. granting ad-interim injunction to prevent trademark infringement and protect established business goodwill. (Para 69 , 70 , 71 , 72 , 73 , 74)

I.A. 14596/2025(O-XI R-1(4) of CPC, 1908)

1. The present application has been filed on behalf of the plaintiffs seeking leave to file additional documents under the Commercial Courts Act, 2015.

2. The plaintiffs are permitted to file additional documents in accordance with the provisions of the Commercial Courts Act, 2015 and the Delhi High Court (Original Side) Rules, 2018.

3. Accordingly, the application is disposed of.

I.A. 14597/2025 (exemption from filing typed, cleared legible copies with sufficient margins)

4. Allowed, subject to the plaintiffs filing legible copies of documents within four (4) weeks from today.

5. The application stands disposed of.

I.A. 14598/2025 (u/s 12A of Commercial Courts Act, 2015)

6. As the present suit contemplates urgent interim relief, in light of the judgment of the Supreme Court in Yamini Manohar v. T.K.D. Krithi, 2023 SCC Online SC 1382, exemption from the requirement of pre-institution mediation is granted.

7. The application stands disposed of.

I.A. 14599/2025 (u/O XI Rule 2 read with Section 151 of the CPC, 1908)

8. The present application has been preferred by the plaintiffs under Order XI Rule 2 of the Code of Civil Procedure, 1908 (‘CPC’) read with Section 151 of the CPC seeking leave to serve the defendants with the enclosed interrogatories.

9. Issue notice.

10. Notice be issued to the defendants through all permissible modes.

11. Reply(ies) be filed within four (4) weeks.

12. Rejoinder(s) thereto, if any, be filed within two (2) weeks thereafter.

13. List before the Joint Registrar on 7th August, 2025 for completion of service and pleadings.

14. List before the Court on 9th October, 2025.

I.A. 14600/2025 (exemption from filing postal receipts for defendant no.1)

15. The present application has been filed on behalf of the plaintiffs under Section 151 of the Code of Civil Procedure, 1908 seeking exemption from advance service to the defendant no.1 by e-mail and post at this stage.

16. Exemption is granted to the plaintiffs from serving the requisite notices to the defendant no.1 at this stage.

17. The application is disposed of.

I.A. 14601/2025 (seeking extension of time in filing court fees)

18. Counsel appearing on behalf of the plaintiffs submits that the requisite court fees shall be paid within two (2) days.

19. The aforesaid statement of counsel for the plaintiff is taken on record.

20. The application is disposed of.

I.A. 14602/2025 (Exemption from filing certificate u/S 63 of BSA, 2023)

21. Counsel appearing on behalf of the plaintiffs submits that the required Certificate under Section 63(4)(c) of Bhartiya Sakshya Adhiniyam, 2023 shall be filed within thirty (30) days from today.

22. The aforesaid statement of counsel is taken on record.

23. The application stands disposed of.

CS(COMM) 601/2025

24. Let the plaint be registered as a suit.

25. Issue summons.

26. Summons be issued to the defendants through all modes. The summons shall state that the written statement(s) shall be filed by the defendants within thirty days from the date of the receipt of summons. Along with the written statement(s), the defendants shall also file affidavit of

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2025 Supreme(Online)(Del) 48401

Amit Bansal, JAktiebolaget Volvo & Ors. v. Shri Ganesh Motor Body Repairs & Ors.CS(COMM) 601/2025

Amit Bansal, J
Aktiebolaget Volvo & Ors. v. Shri Ganesh Motor Body Repairs & Ors.
CS(COMM) 601/2025