{"id":144078,"date":"2025-07-08T18:14:55","date_gmt":"2025-07-08T12:44:55","guid":{"rendered":"https:\/\/www.bananaip.com\/intellepedia\/?p=144078"},"modified":"2025-07-08T18:32:37","modified_gmt":"2025-07-08T13:02:37","slug":"fake-volvos-trademark-infringement-case","status":"publish","type":"post","link":"https:\/\/www.bananaip.com\/intellepedia\/fake-volvos-trademark-infringement-case\/","title":{"rendered":"Fake Volvos Got Legally Grilled: A Trademark Tale Gone Off Route"},"content":{"rendered":"

Imagine booking a premium Volvo bus ticket, paying extra for the comfort and reliability you expect, only to find yourself on a knock-off vehicle that looks like a Volvo but definitely doesn’t feel like one.\u00a0That\u2019s exactly what happened to passengers in India, leading to a trademark infringement suit.<\/p>\n

On 30th May 2025, the Delhi High Court issued an\u00a0ex parte<\/em>\u00a0interim injunction in\u00a0Aktiebolaget Volvo & Ors. v. Shri Ganesh Motor Body Repairs & Ors.<\/em>, illustrating how trademark law protects more than just names and logos. The Swedish automotive giant Volvo, along with its subsidiary companies, discovered that multiple Indian companies were manufacturing and operating buses that looked quite similar to its vehicles.<\/p>\n

The Iconic Grille Slash<\/h2>\n

The Plaintiffs, Aktiebolaget Volvo and three related Swedish entities (Volvo Trademark Holding AB, Volvo Car Corporation, and Volvo Trucks Corporation), operate collectively in the global transportation and automotive sector, with established operations in India since 1996. In India, Volvo buses have redefined long-distance luxury travel since 2001.<\/p>\n

Volvo adopted the “VOLVO” trademark on May 11, 1915, establishing more than a century of common law rights. Volvo has also obtained registration of numerous \u2018VOLVO\u2019 trademarks all over the world, including over two dozen registrations in India. “VOLVO” is recognised as a well-known trademark in India (Aktiebolaget Volvo v. Volvo Steel Ltd., 1998 PTC (18) 47). <\/em>Their earliest registration for the \u2018VOLVO\u2019 trademark in India dates back to 1975. One of the company\u2019s most iconic symbols is the\u00a0\u201cgrille slash\u201d, <\/em>a distinctive diagonal mark running across the grille of its vehicles.<\/p>\n

\"t
Volvo’s Grille Slash Trademark<\/figcaption><\/figure>\n

Who Were the Defendants?<\/h2>\n

The Defendants, a network of three primary entities:<\/p>\n

    \n
  1. \n
      \n
    1. Shri Ganesh Motor Body Repairs\u00a0(Defendant No. 1):<\/strong> The manufacturer who admitted to fabricating over 100 -125 buses that mimicked Volvo\u2019s aesthetics, including the grille mark.<\/li>\n
    2. Rishabh Bus Private Limited\u00a0(Defendant No. 2):<\/strong> An intercity operator that bought these lookalike buses and marketed them as Volvo vehicles on platforms like MakeMyTrip, Paytm, and AbhiBus.<\/li>\n
    3. Shanti Travels\u00a0(Defendant No. 3):<\/strong> Another bus operator whose vehicles bore a nearly identical grille motif but with the name \u201cSHANTI\u201d replacing \u201cVOLVO\u201d.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n

      What Triggered the Case?<\/h2>\n

      Volvo had previously fought and won against a related entity, RS Yadav Volvo Bus Services, in 2019. Despite an injunction and undertakings to cease usage, Volvo discovered in March 2024 that buses bearing infringing marks were still plying the roads. The common link: Shri Ganesh Motor Body Repairs. This led to a full-blown investigation in April-May 2025, revealing a systemic operation targeting Volvo\u2019s brand equity.<\/p>\n

      The Court noted one customer review that highlighted the real-world impact:<\/p>\n

      “Paid rs 4000\/- through my trip for multi axle delhi to mumbai.. but provided ordinary bus converted into sleeper.. no seat cover… I booked for multi axle volvo and got all ordinary bus.. for which it would have cost rs. 1700\/- they are cheating.”<\/em><\/p>\n

      This case was not merely about infringement; it also raised significant consumer protection concerns. Customers were paying premium prices for what they believed were genuine Volvo buses, only to receive substandard service.<\/p>\n

      Issues Framed by the Court<\/h2>\n

      The Court framed four major legal issues:<\/p>\n

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      1. \n
          \n
        1. Whether the defendants’ use of similar marks amounted to\u00a0infringement\u00a0under the Trade Marks Act, 1999.<\/li>\n
        2. Whether their conduct constituted\u00a0passing off, misleading consumers about the origin and quality of services.<\/li>\n
        3. The extent of\u00a0protection for well-known trademarks, especially in related or ancillary sectors.<\/li>\n
        4. Whether Volvo had shown a\u00a0prima facie case,\u00a0a balance of convenience, and\u00a0irreparable harm\u00a0to justify a temporary injunction.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n

          Court\u2019s Analysis and Findings<\/h2>\n

          At this interim stage, the Court dealt with the last issue regarding injunction and noted as follows:<\/p>\n