Neutral Citation Number : 2022/DHC/005351

CS(COMM) 841/2022 Page 1 of 6

$~19(Original)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CS(COMM) 841/2022 & I.A. 20456/2022, I.A. 20457/2022, I.A.

20458/2022, I.A. 20459/2022, I.A. 20460/2022

AKTIEBOLAGET VOLVO & ORS.

..... Plaintiff

Through:

Mr. Pravin Anand, Ms. Vaishali

Mittal, Mr. Siddhant Chamoca and Mr. Karan

Kamra, Advs.

versus

EDEL ASSURANCE LLP & ANR.

..... Defendant

Through:

Mr. Sachin Gupta, Adv. with Mr.

Shaurya Mitra Tomar, Mr. Kartikey Nayyar &

Mr. Peeyush Agarwal, Advs. for D 1 & 2

CORAM:

HON'BLE MR. JUSTICE C.HARI SHANKAR

1.

The plaintiff Aktiebolaget Volvo (hereinafter “Volvo”) claims to

be one of the most reputed Automotive Companies in the world. The

defendant is a car assurance company. It provides services, inter alia, of

warranty coverage for servicing of premium and luxury vehicles availed

by the owners of such vehicles from service stations located across the

country.

JUDGEMENT

%

05.12.2022

2.

The plaintiff, in the suit, has clearly stated that it has no objection

to the defendant providing such car assurance services, even in respect of

vehicles manufactured by the plaintiff and authorised service stations.

However, the plaintiff objects to the graphical and other descriptions

employed by the defendant while advertising its services which,

Digitally Signed

By:KAMLA RAWAT

Signing Date:06.12.2022

16:29:26

Signature Not Verified

Neutral Citation Number : 2022/DHC/005351

CS(COMM) 841/2022 Page 2 of 6

according to the plaintiff, may leave unwary customers to believe that the

services are provided by the plaintiff itself, especially as the plaintiff also

provides insurance service for its vehicles for a specified number of

years.

3.

Specifically, the objection of the plaintiff is to the use, by the

defendant, of the plaintiff’s registered trademark

. It is alleged in

the plaint that the manner in which the said mark is employed by the

defendant is likely to deceive customers of such vehicles, who seek to

service their vehicles, into believing that the assurance services provided

by the defendant emanate from the plaintiff.

4.

In para 41 of the plaint, it is averred thus:

“The Defendants would claim that they use the VOLVO logo to

inform customers that their services cover Volvo branded cars.

However, it is settled law that the use of the logo is not necessary to

provide such information to customers. Furthermore, while use of the

word Volvo may be acceptable as a defence to infringement, it needs

to be accompanied by a disclaimer that the Defendants are not

associated with the Plaintiffs. As stated above, the Defendants do not

incorporate such disclaimers in their advertising, either in print, audio-

visual or oral formats (i.e., direct interactions with customers).”

5.

Further, para 45 of the plaint specifically states that “while the

plaintiffs do not have grievance with the defendants’ business model, or

that their warranty services cover VOLVO cars, the defendants ought to

inform customers that they have no association whatsoever with the

plaintiffs.

6.

The defendant has placed on record an affidavit which would,

Digitally Signed

By:KAMLA RAWAT

Signing Date:06.12.2022

16:29:26

Signature Not Verified

Neutral Citation Number : 2022/DHC/005351

CS(COMM) 841/2022 Page 3 of 6

according to the defendant, assuage the plaintiff’s grievances. The

plaintiff has suggested certain changes in the affidavit. I have interacted

with learned Counsel for the plaintiff and the defendant and have perused

the affidavit and, the parties have jointly agreed to the affidavit being in

the following terms:

“I, Sujeet Nair, son of Sh. T. Muraleedharan Nair; aged