Delhi High Court
Aktiebolaget Volvo & Ors vs Volvo Software Pvt Ltd & Ors on 13 March, 2018
3
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 880/2017 & I.A. 15427/2017
AKTIEBOLAGET VOLVO & ORS ..... Plaintiffs
Through: Ms. Prakriti Sharma, Advocate.
versus
VOLVO SOFTWARE PVT LTD & ORS ..... Defendants
Through: None.
% Date of Decision: 13th March, 2018
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
JUDGMENT
MANMOHAN, J: (Oral)
1. Present suit has been filed for permanent injunction restraining
infringement of trade mark/name, passing off, damages, delivery up, etc.
2. By way of an ex parte ad interim injunction order dated 21st
December, 2017, this Court had restrained the defendants from using the
mark/name VOLVO or any mark/name similar to the plaintiffs' trade
mark/name VOLVO in any manner whatsoever including as a corporate
name.
3. Though the defendants have been served, yet none has entered
appearance on their behalf.
4. Today, learned counsel for plaintiffs has handed over photocopies of
letters dated 19th January, 2018 written by the defendants to the plaintiff.
Since the letters written by the defendants are identical, only one of the
letters written by defendant No.1 is reproduced hereinbelow:-
"TO, 19th January, 2018
Mr. Raunaq Kamath
Anand and Anand
B-41, Nizamuddin East
New Delhi - 110013
Re: Unauthorized use and infringement of the well-known
trademark VOLVO
Aktiebolaget Volvo & Ors. Vs. Volvo Software Pvt. Ltd. &
Ors.: CS(Comm) No.880 of 2017 before The High Court of
Delhi.
Ref - Your Letter Ref 10089/HC/674-55 dated 27th December,
2017.
Sir,
Kindly refer to your letter No.10089/HC/674-55 dated 27th
December, 2017, with regard to which we would like to put in
your notice that, our Company namely M/s VOLVO
SOFTWARE PRIVATE LIMITED was registered under the
Companies Act with a view to Commence an IT Company long
back and the name was Selected after Checking its availability
at website of Ministry of Corporate Affairs Govt. of India. Due
to some course of events the Directors of the Company decided
not to start any business in the said Company and consequent to
which all the assets in form of Land were sold. Our Company
has not done any business till date, therefore, the question of
talking advantage of your clients Trade Mark/Name "VOLVO"
does not arise. It can be referred from the website of Ministry
of Corporate Affairs Govt. of India, that the Company Namely
M/s Volvo Software Private Limited has not done any business
till date and further, we have initiated the process of closure of
the said Company, but only because of the fact that, the process
of closure of a company is a Lengthy Process, it is taking time.
We assure that, we do not have any intention of taking
advantage of your clients Trade Mark/Name, therefore, it is
kindly requested to vacate the notices and the legal proceedings
against us as the matter has been resolved amicably.
For Volvo Software Private Limited
Sd/-
Director
CIN - U72200DL2006PTC144581"
(emphasis supplied)
5. In view of the fact that the defendants have decided not to appear in
the present proceedings, they are proceeded ex parte. This Court is also of
the view that the present suit can be disposed of without any further delay. A
Coordinate Bench of this Court in Satya Infrastructure Ltd. and Ors. Vs.
Satya Infra & Estates Pvt. Ltd., 2013 SCC OnLine Del 508 has held as
under:-
"I am of the opinion that no purpose will be served in such
cases by directing the plaintiffs to lead ex parte evidence in the
form of affidavit by way of examination-in-chief and which
invariably is a repetition of the contents of the plaint. The plaint
otherwise, as per the amended CPC, besides being verified, is
also supported by affidavits of the plaintiffs. I fail to fathom any
reason for according any additional sanctity to the affidavit by
way of examination-in-chief than to the affidavit in support of the
plaint or to any exhibit marks being put on the documents which
have been filed by the plaintiffs and are already on record. I
have therefore heard the counsel for the plaintiffs on merits qua
the relief of injunction."
6. Accordingly, the undertakings given by the defendants in their letter
dated 19th January, 2018 are accepted by this Court and the defendants are
held bound by the same.
7. As a matter of abundant precaution, the present suit is also decreed in
favour of the plaintiffs and against the defendants in accordance with
paragraph 23(a) and (b) of the present plaint. Registry is directed to prepare
a decree sheet in accordance with paragraph 23(a) and (b) of the plaint as
well as the undertakings given by the defendants in their letter dated 19 th
January, 2018. With the aforesaid observations, present suit and pending
application stand disposed of.
MANMOHAN, J
MARCH 13, 2018
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