Three Swedish plaintiffs applied for permanent injunctions against two Indian defendants regarding trademark infringement and passing off involving 'VOLVO'. The parties amicably settled and executed a Memo of Compromise.
Suit decreed on the terms of the Memo of Compromise dated 28.09.2018.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 05.10.2018
CORAM THE HON'BLE MR.JUSTICE M.SUNDAR C.S.(Comm.Div) No.291 of 2018 1.Aktiebolaget Volvo, SE -405 08 Goteborg Sweden represented by Constituted Attorney Mr.Laxminarayan Hegde 2.Volvo Trademark Holking AB, C/O AB Volvo SE-405 08 Goteborg Sweden Represented by Constituted Attorney Mr.Laxminarayan Hegde 3.Volvo Car Corporation SE-405 31 Goteborg Sweden Represented by Constituted Attorney Mr.Laxminarayan Hegde ... Plaintiffs Vs.
1.Volvo Industries (India) 35/2, Vivekanandan Farm Nagaramalai Adivaram Salem � 636 004, Tamil Nadu Through its proprietor Mr.Babulal Choudhary 2.Lakshmi Appliance 5/2 Veerapandiyur Nagar Near New Bus Stand Salem � 636 004, Tamil Nadu Through its proprietor Mr.K.R.Choudhary .. Defendants
This Civil Suit is preferred, under Order VII Rule 1 CPC Read with Order IV Rule 1 of the Original Side Rules of the Madras High Court, Section 2 (1) (C) (xvii) read with Section 7 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 and Sections 11, 27,29,134,135 Trademarks Act, 1999, seeking a permanent injunction restraining the
defendant, their directors, proprietors, subsidiaries, stockists, representatives and anyone acting for or on its behalf from in any manner directly or indirectly using the mark/name 'VOLVO INDUSTRIES (INDIA)' 'VOLVO PREMIER' 'VOLVO PREMIER' OR or any mark/name similar to the plaintiffs' trademark/name VOLVO, amounting to infringement of plaintiff No.2's registered trademark VOLVO as referred to in paragraph 12 of the plaint; seeking a permanent injunction restraining the Defendant, their directors,proprietors, subsidiaries,affiliates, franchisees, officers, employees, servants, agents, distributors, stockists,representatives and anyone acting for or on its behalf from in any manner directly or indirectly using the mark/name 'VOLVO INDUSTRIES (INDIA)' 'VOLVO PREMIER' 'VOLVO PREMIER' or any mark/name similar to the plaintiffs' trademark/name VOLVO,amounting to passing off the defendant's business/services as those of the plaintiffs'; seeking a permanent injunction restraining the defendant, their directors, proprietors, subsidiaries, affiliates, franchisees, officers, employees, servants, agents, distributors, stockists, representatives and anyone acting for or on its behalf from in any manner directly or indirectly using the mark/name 'VOLVO INDUSTRIES (INDIA)' 'VOLVO PREMIER' 'VOLVO PREMIER'' or any mark/name similar to the plaintiffs' trademark/name VOLVO, amounting to dilution and tarnishment of the plaintiffs well known trademark VOLVO; to directing the defendant to furnish all the data and accounts of all transactions undertaken and the profits obtained (including the data of the suppliers, the number of purchases, etc.) during the course of its business relating to goods/services under the impugned trade name and trademarks 'VOLVO INDUSTRIES (INDIA)' 'VOLVO PREMIER' 'VOLVO PREMIER', to the plaintiffs'; to delivery up of all finished and unfinished materials including signage, cards, stationary, accessories, packaging, labels, brochures, printed materials including hoardings and other material bearing the impugned 'VOLVO INDUSTRIES (INDIA)' 'VOLVO PREMIER' 'VOLVO PREMIER' trade name and trademark or any mark deceptively similar to the plaintiffs' trademark /name VOLVO, by the defendants to the plaintiffs for the purpose of destruction and for costs.
For Plaintiffs : Mr.N.C.Vishal of M/s.Anand & Anand Law Firm
For Defendants : Mr.Ashok Kumar J Daga
JUDGMENT
There are three plaintiffs and two defendants in this suit.
3.Today, Mr.N.C.Vishal of M/s.Anand & Anand (Law Firm) is before this Commercial Division on behalf of three plaintiffs. Mr.Ashok Kumar Daga, learned counsel on record for both defendants is before this Commercial Division. To be noted, both the defendants i.e., Mr.Babulal Choudhary and Mr.Suraj Mal are also present before this Commercial Division. It is submitted that parties have amicably settled the issues amongst themselves and they have reduced the terms of settlement into a Memo of Compromise dated 28.09.2018, which shall hereinafter be referred to as 'said MOC'.
4.As mentioned supra, both defendants are before this Commercial Division. On behalf of plaintiffs, it is submitted by learned counsel for plaintiffs that Mr.Laxminarayan Hegde was present before this Court on 28.09.2018 for signing another MOC in another suit and he is unable to be present before this Court today as he is travelling. Saying so, a prayer is made for dispensing with the presence of aforesaid Constituted Attorney of the plaintiffs for recording said MOC. To buttress this dispense with presence request, it is submitted that the parties signed said MOC in the presence of each other.
Suit decreed on above terms. There shall be no order as to costs.
05.10.2018
Index : Yes/No gpa/mp
M.SUNDAR, J.
gpa/mp
C.S.No.291 of 2018
05.10.2018
Aktiebolaget Volvo, Sweden
Volvo Trademark Holking AB
Volvo Car Corporation
Volvo Industries (India)
Lakshmi Appliance
M. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
