The Delhi High Court has issued a permanent injunction in favour of the French fashion brand Louis Vuitton Malletier, against trademark infringement by shop owners located in Karol Bagh.
Louis Vuitton Malletier (plaintiff) filed a suit seeking permanent injunction restraining infringement of its ‘LOUIS VUITTON’ trademark, the ‘LV’ logo, the ‘Toile monogram pattern’, the ‘Damier pattern’, the ‘LV Flower patterns’ and other subsisting trademarks.
Louis Vuitton submitted that it has acquired a formidable international reputation for exclusivity and speciality and has also gained tremendous goodwill and reputation in India.
It stated that defendant nos. 7 and 8 are shops/stalls located in Gaffar Market, Karol Bagh, which are infringing its trademarks on wallets, handbags, purses, belts and other goods.
It argued that the actions of the defendants is only to ride upon its tremendous goodwill and to capitalize on the strength of the international reputation enjoyed by it.
On 01 August 2017, the Court passed an ex-parte ad interim injunction, restraining the defendants from manufacturing, selling and/or offering for sale, advertising, directly or indirectly dealing in wallets, handbags, purses, belts and other goods bearing Louis Vuitton’s trademarks or any other deceptively similar mark.
Justice Mini Pushkarna noted that the defendants did not file any written statements and thus proceeded with a summary judgment.
Pursuing the Local Commissioner’s report, it noted that the Local Commissioner found various infringing products including handbags, sunglasses, belts, trolley bags, etc bearing Louis Vuitton’s trademarks.
Noting that the defendants are selling counterfeit products under multiple registered trademarks of Louis Vuitton, the Court said that a case of trademark infringement was made out.
It observed that through extensive use and global recognition, Louis Vuitton has acquired the status of well-known mark worldwide. It stated that unauthorized use of the trademarks is likely to cause confusion as to the source of origin of the goods.
It said that the defendants had mala fide intent and sold counterfeit products with the sole objective of capitalizing on the immense goodwill and brand image of Louis Vuitton.
The Court thus permanently restrained the defendants from infringing Louis Vuitton’s trademarks. It further directed defendant no. 7 to pay Rs. 20,000 and defendant no. 8 to pay Rs. 22,000 to Louis Vuitton.
Case title: Louis Vuitton Malletier vs. Raj Belts & Ors. (CS(COMM) 502/2017)
