Louis Vuitton, incorporated since the year 1854 under the laws of French was a French Luxury fashion and Leather goods company. Today, the name rings worldwide needing very little to no introduction on its name and fame in the fashion world and beyond, making it a WELL-KNOWN brand. One would only know better than to infringe or even end up in a legal loop with these fashion giants. When cases occur on the daily where one has infringed or attempts to pass off another’s Intellectual Property as their own, especially among fashion brands.
This quintessential French luxury brand, Louis Vuitton Malletier, took a case of Infringement to the Delhi High Court before the Single bench judge, Justice Amit Bansal.
When considering what would cover the ambit of trademark under Louis Vuitton, in addition to the name “LOUIS VUITTON”, the initial “LV” represented solo or intertwined, the canvas design with the flower and intertwined initials called the “Toile Monogram” , the Demier Pattern, and LV flower Pattern have all been registered in classes 3, 14, 18 and 25 and has managed to acquire and maintain the status of “well known trademarks” in the cases such as Louis Vuitton Mallertie v. Abdul Salim 2009 and Louis Vuitton Malletier v. Manoj Khurana 2015.
Clearly making it an infringement if there is a wrongful use of the above-mentioned trademark by anyone else.
However, in the year 2018 between January and February, the Plaintiffs Louis Vuitton discovered the defendants no 1 to 3 were engaged in infringing and counterfeit activities. Defendant No. 1, Santosh, was the sole proprietor of defendant No 2’s entity, and defendant No. 3 owned and operated a manufacturing unit.
Upon the Plaintiffs taking this case to the High Court of Delhi, on the 23rd of February, 2018, it granted an ex parte ad interim injunction in favour of Louis Vuitton and restrained the defendants from using the trademarks ‘Louis Vuitton’, ‘LV’ logo, the Toile monogram pattern, the Damier pattern and the LV flower pattern on their manufactured goods as it was deceiving the general consumers and was an unfair practice.
The court further relied on that the reports of the Local Commissioners upon investigation which showed that the defendants were indulging in manufacturing and sales of counterfeit products bearing the identical marks as Louis Vuitton.
“A total of 9,554 infringing products were found at the premises…including labels, buttons, tags, apparels bearing the trademarks of the plaintiff was found by the Local Commissioner. The manufacturing and selling of the counterfeit products by the defendants not only amount to infringement of the registered trademarks of the plaintiff but also to passing off the goods of the defendants as that of the plaintiff,” the court observed.
On the April 18 of 2023, upon the order perused the report of the local commissioner appointed to inspect the premises of the defendants No. 1, 2 & 3 said that “defendants are indulging in manufacturing and sales of counterfeit products, which bear the identical marks as that of the plaintiff”.
However, the defendants failed to take requisite steps to contest the suit despite having suffered an ad interim injunction order, it was evident that they had no defense to put forth on merits.
Justice Bansal held that these defendants have taken “unfair advantage” of the “reputation and goodwill” of the Louis Vuitton’s marks and have also deceived the “unwary consumers” of their association with the brand by “dishonestly adopting” its registered marks without any plausible explanation.
“Costs of Rs.3,22,500/- shall be paid by the defendants no. 1 and 2, Plaintiff claimed expenses of Rs. 35,698 and Rs.6,01,214/- as legal fees, amounting to a total of Rs. 9,59,413 shall be paid by the Defendants No. 1, 2 and 3 to the Plaintiff, Louis Vuitton Malletier,” the court said. Delhi High Court has permanently restrained the two individuals from selling counterfeit Louis Vuitton products and ordered them to pay damages of Rs 9.59 lakh to the French luxury brand after it filed a trademark infringement suit.
