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March 4, 2021

Court Case Bulletin (CCB): Unauthorized use of Trademark as a part of Domain Name/Meta-Tags/Email-Id/Social Media amounts to Infringement

Author: Sri Lekha

In the matter of Aktiebolaget Volvo & Ors v.Vaishali Travels & Anr [CS(COMM)6/2021], a Single Judge [J.R. Midha, J.] of the High Court of Delhi issued an ex-parte ad interim order dated January 11, 2021, restraining Defendants from using Plaintiff No. 1’s trademark VOLVO in relation to its services and as a part of domain name, meta-tags, email ID, third party listings, references in social media etc.

Plaintiff No. 1 (viz. Aktiebolaget Volvo) is an international automotive and transport vehicle group, providing a diverse range of goods and services related to transportation. The Plaintiffs instituted the instant suit for infringement, passing off and tarnishment of trademark VOLVO after coming across Defendant’s use of an identical mark VOLVO in respect of operation of bus travel services, online bus ticketing and live tracking services. The Plaintiffs’ main contention was that it was aggrieved by misappropriation caused by Defendant’s use of the mark VOLVO as a part of its domain name, online trading name, email id and meta-tags on the source code of the website. The Plaintiffs submitted that Plaintiff No. 1 adopted the mark VOLVO as its trademark/corporate name in May 1995 and used the same in relation to manufacture and sale of goods. Plaintiffs claimed that pursuant to Aktiebolaget Volvo of Sweden vs. Volvo Steels Ltd. of Gujarat, 1998 PTC (18) 47 the mark VOLVO has been declared as a well-known mark and that Plaintiff No. 1’s mark deserves to be protected. 

The Court ruled in favor of Plaintiffs and held that “The Defendants…are hereby restrained from using the Plaintiffs’ name/trademark ‘VOLVO and/or any name/mark confusingly or deceptively similar thereto, in relation to online booking of bus tickets, live tracking of buses, telephonic booking of bus tickets or in relation to any other goods or services, in any manner, including…domain name…meta- tags associated with the impugned domain name, as a part of the email id…third party listings, references in social media and/or any representation made by the Defendants…amounting to infringement…and passing off…”

Disclaimer: Views, opinions, interpretations are solely those of the author, not of the firm (ALG India Law Offices LLP) nor reflective thereof. Author submissions are not checked for plagiarism or any other aspect before being posted.

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