Summary:
In a recent trademark infringement dispute, the Delhi High Court (“the Court”) granted an ex-parte ad-interim injunction in favor of Aktiebolaget Volvo and its subsidiaries (“Volvo”) against M/s Grasp Engineering and Solutions (“Grasp”). The dispute arose from Grasp’s unauthorized use of Volvo’s well-known trademark “VOLVO” in relation to the manufacture, sale and supply of its pumps.
Note:
Volvo submitted that it was incorporated in Sweden in 1915 and commenced its business of assembling cars as early as in 1927 and trucks in 1928. The trademark ‘VOLVO’ was a coined word with no dictionary meaning, making it an inherently distinctive mark. Along with the trademark registrations, Volvo also holds domain name registrations for its websites including www.volvoce.com, (which provides information specific to Volvo’s pumps and motors) and www.volvopenta.com (which enlists Volvo’s seawater pump products and installation requirements). Volvo also argued that it had a robust presence under the ‘VOLVO’ trademark/ trade name and the same has gained substantial goodwill over several decades in India.
Volvo discovered in June 2023 that Grasp had applied to register the mark “VOLVO PUMPS” in India and was actively selling pump products under this name. Despite a cease-and-desist notice issued by Volvo in June 2023, Grasp continued to use the trademark online and offline, prompting Volvo to seek legal recourse.
The court acknowledged Volvo’s long-standing use and registrations of the “VOLVO” trademark and its status as a well-known mark in India. The court found that Grasp’s use of the “VOLVO” name for its products was likely to deceive consumers into believing that the pumps were associated with or authorized by Volvo, thus causing irreparable harm to Volvo’s business and reputation. Therefore, the Court arrived at the conclusion that Volvo had made out a prima facie case and the balance of convenience was in its favor.
In light of these findings, the court issued an ex-parte ad-interim injunction order restraining Grasp from using the mark “VOLVO PUMPS” or any other deceptively similar marks on its products, packaging, or in any online or offline communications till the next date of hearing.
Authored by Naika Salaria, Trademark Team
Citation: Aktiebolaget Volvo & Ors. v. M/S Grasp Engineering & Solutions, CS(COMM) 694/2024 (H.C. Delhi Sept. 11, 2024). Available at https://indiankanoon.org/doc/127958293/.
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