Firm restrained against use of Volvo’s trademark name

Justice C V Karthikeyan on observing that the plaintiffs (Volvo) have made out a prima facie case, said “The balance of convenience is in their favour and the relative hardship which the plaintiffs would suffer if injunction is not granted as it would far outweigh any hardship caused to the defendant.” 

“In view of the fact stated above, there will be an order of interim injunctions as against the defendant as prayed for till June 21,” the judge added before ordering notice to the defendant through court and privately. 

Volvo had submitted that they are in the business of manufacture and sale of premium car brand and trucks and have registered their trademark Volvo in 145 countries and they also have extensive goodwill and reputation. But there have been attempts to ride on the name of their trademark by various other business entities in the past. There have been an array of businesses after the name. 

Garments, steel ingots, belts, buckles, bags, buses, sarees, duppattas, tractors and stationery industries are few in that lengthy list. But every time various courts in the country were moved and injunctions obtained against the misuse of the name. 

However, noting that the items mentioned above are representative only and detailed description had been given of the products in which direct infringement of the trademark has occurred, Volvo submitted that the defendant has used the name Volvo in their business for marketing light fixtures, light switches, push-button control stations, plug sockets and junction and other items as well.