- (1.) The question involved in the present application is as to whether the trademark VOLVO, which is the registered trade mark of the plaintiff, for various category of goods including buses, cars, automobile parts etc. can be said to be infringed or passed off by the defendant, by selling its ice creams under the said brand name.
(2.) Briefly stated the facts of the case are that the plaintiff no.1 has adopted in the year 1915 the mark VOLVO, which is a Latin word. It is averred that in Latin VOLVO means a roll . The plaintiff nos.2 and 3 are the subsidiaries of the plaintiff no.1 company for the purpose of its operations in India. The trademark VOLVO is used both as a trademark as well as trade name and allegedly forms an essential and dominant part of the corporate name of majority of VOLVO Group of Companies. The trademark VOLVO apart from being used in respect of buses, trucks, heavy vehicles, construction equipment, drive system for marine and industrial application, aircrafts engines is also being used by the plaintiff in relation to a variety of other goods like pens, stationery, watches, belts, buckles, blankets, bags, clothing and a range of other accessories. On account of the long and consistent user of the trademark VOLVO, it is stated that it has attained certain distinctiveness and has become famous to be associated solely and exclusively with the Plaintiff worldwide including in India. It is alleged that the mark VOLVO symbolized goods of great quality, buses and the motor cars of the plaintiff are rather famous for their comfort and reliability. It is also alleged that the mark VOLVO has been well-known trade mark in the world s greatest brands i.e. The World s Greatest Brands edited by Nicholas Kocham and published by interbrand plc.
(3.) So far as the trade name VOLVO in India is concerned, it is alleged that it has been registered since 1975 and is presently registered in respect of 20 classes of goods.;