Our Associate, Rishikaa discusses “DELHI HIGH COURT RESTRAINS VAISHALI TRAVELS FROM THE USING THE TRADEMARK VOLVO”
Recently the Delhi High Court passed an ex-parte interim injunction against Vaishali Travels restraining it from using the mark VOLVO as a part of its domain name and in relation to services such as online booking of bus tickets, live tracking of buses, telephonic booking of bus tickets, provided through its website www.vaishalivolvo.com.
AB Volvo, the Plaintiff, a multinational automotive manufacturer, filed a suit against Vaishali Travels that was using the mark VOLVO as a part of its domain name, VAISHALIVOLVO.COM, its online trading name, as part of email addresses, and meta-tags on the source code of the website. The Plaintiff alleged that the Defendant’s activities infringe its registered trade mark VOLVO that the Plaintiff had adopted in 1915. AB Volvo further submitted that it had established a flagship company in India in 1996 and had used the mark Volvo in India for years. It also placed reliance on Bombay High Court’s decision in Aktiebolaget Volvo of Sweden vs. Volvo Steels Ltd. of Gujarat, 1998 PTC (18) 47, in which the Bombay High Court declared the VOLVO mark as well-known.
The Court held that AB Volvo had made out a prima facie case and the balance of favor was in its favour. It opined that the Plaintiff would suffer irreparable loss in the absence of an ex parte interim injunction in favour of the Plaintiff. Accordingly, the Court ruled against Vaishali Travels restraining it as well as its subsidiaries, affiliates, franchisees, proprietors, officers, servants, agents, distributors, stockists, and representatives from using the mark VOLVO or any other deceptively similar or identical mark on its website, online trading name and in relation to the services provided on and through its platform as well as third party websites, till the next hearing.
Aktiebolaget Volvo & Ors. V. Vaishali Travel & Anr.., Delhi High Court CS(COMM) 6/2021, Order dt. 11.01.2021