Delhi High Court Protects Volvo's Trademark; Directs Defendants To Pay Damages

Delhi High Court Protects Volvo's Trademark; Directs Defendants To Pay Damages

Introduction

The Delhi High Court delivered a decision in favor of Aktiebolaget Volvo & Ors, a Swedish company, in a trademark infringement case against Mantis Technologies Pvt. Ltd. & Ors. The court found that the defendants had infringed Volvo's trademark rights by using the "VOLVO" mark without authorization.

Factual Background

Volvo, a well-known company in the transportation and automotive sector, has been using the "VOLVO" trademark since 1915. The plaintiffs are the registered domain name holders of the website, www.volvo.com. The plaintiffs are also registrants of the domain names, www.volvobuses.in, www.volvotrucks.in, www.volvocars.com and www.volvoce.com which specifically cater to customers in India. The company has registered the trademark in various classes in India and has a significant presence in the country. The Defendants are entities engaged in the business of providing travelling facilities, bus logistics services and operating distribution platforms, websites to offer their services to the consumers. The defendants actively reference the plaintiffs’ VOLVO trademarks.

Procedural Background

The case was filed by Volvo before the Delhi High Court, seeking relief against the defendants for trademark infringement and passing off. The court granted an ex parte ad interim injunction in favor of the plaintiff, restraining the defendants from using the "VOLVO" mark.

Issues Involved

1. Trademark Infringement: Whether the defendants' use of the "VOLVO" mark constituted trademark infringement.

2. Passing Off: Whether the defendants' actions amounted to passing off their services as those of Volvo.

Contentions of the Parties

Plaintiff’s Contentions: Volvo argued that the defendants' use of the "VOLVO" mark was unauthorized and likely to cause confusion among consumers.

Defendant’s Contentions: The defendants did not appear in the court, therefore the court granted an ex parte ad interim injunction.

Reasoning and Analysis

The court held that the defendants had infringed Volvo's trademark rights by using the "VOLVO" mark without authorization. Moreover, the court observed that the defendants' actions amounted to passing off their services as those of Volvo. The court pointed out that a Division Bench of this Court described the "rough and ready calculations" principle for determining damages in Hindustan Unilever Limited v. Reckitt Benckiser India Limited. This case is suitable for awarding damages and costs based on all stated facts and circumstances as per the court.

Final Decision

The Delhi High Court on 13th May, 2025 presided over by the bench of Justice Amit Bansal ruled in favor of the plaintiff, passing a decree against the defendants. The court held that the use of the mark ‘VOLVO’ by the defendants in relation to identical services dilutes the distinctiveness of the mark. Moreover, the unauthorised use of the ‘VOLVO’ marks by the said defendants is deliberate, unjustified, and intended solely to capitalise on the plaintiff’s established goodwill. The court directed the defendants to transfer the domain names that infringed the plaintiff’s trademark rights and awarded damages and costs to the plaintiff.

Law Settled

The court's decision showcases the importance of protecting trademark rights and the consequences of infringing those rights. The decision also highlights the court's willingness to award damages and costs in cases of trademark infringement.

In this case the plaintiff was represented by Mr. Karan Kamra, Ms. Vaishali Mittal, and Mr. Siddhant Chamola, Advocates.