Court restrains M/s Pooja Lubricant from using deceptively similar marks "MAX VOLVO" and "MAX VOLWO" in lubricant sales.
In a significant ruling, the Delhi High Court has granted an ex parte ad interim injunction in favor of Aktiebolaget Volvo and its associated companies, restraining M/s Pooja Lubricant from using marks that are deceptively similar to Volvo's well-known trademark. The judgment, delivered by Justice Purushaindra Kumar Kaurav, addresses issues of trademark infringement and passing off under the Trade Marks Act, 1999.
Volvo, a globally recognized brand, argued that the defendant's use of the marks "MAX VOLVO" and "MAX VOLWO" for selling lubricants was deceptively similar to their registered trademark "VOLVO." The court concurred, noting that the prefix "MAX" did not differentiate the marks significantly and that the marks were visually and phonetically almost identical. This similarity, coupled with the identical nature of goods—lubricants—sold through similar trade channels, was likely to cause confusion among consumers.
The court exempted Volvo from pre-institution mediation under the Commercial Courts Act, 2015, citing urgency and potential irreparable harm. It held that advance notice to the defendant could lead to the dispersion of infringing goods, thus defeating the purpose of the injunction. The court noted that Volvo had established a prima facie case of trademark infringement, and the balance of convenience favored them.
The injunction prohibits M/s Pooja Lubricant from manufacturing, selling, or advertising lubricants under the impugned marks and mandates the removal of online listings within a week. The court emphasized that the continued sale of products under these marks could erode the distinctiveness of Volvo's trademark, a brand that has been in use for over a century.
Volvo's extensive trademark registrations in India, including those covering Class 4 goods like lubricating oils, were pivotal in the court's decision. The court also highlighted Volvo's proactive steps upon learning of the infringement, including filing a protest with the Trade Marks Registry.
This injunction underscores the judiciary's commitment to protecting intellectual property rights and the rigorous enforcement of trademark laws to prevent consumer deception and protect brand reputation.
Bottom Line :
Trade Marks Act, 1999 - Infringement and passing off - Well-known coined mark "VOLVO" - Use of "MAX VOLVO", "MAX VOLWO" and "VOLWO GOLD" for lubricants held deceptively similar - Ex parte ad interim injunction granted as delay was not acquiescence and advance notice would defeat object of injunction by enabling dispersal of infringing stock.
Statutory provision(s): Trade Marks Act, 1999 Sections 29(2)(b), 11(1), Commercial Courts Act, 2015 Section 12A, Civil Procedure Code, 1908 Order XXXIX Rules 1, 2, and 3.
Aktiebolaget Volvo v. M/s Pooja Lubricant, (Delhi) : Law Finder Doc id # 2989437
