'Prima Facie Case Of Copyright Infringement': Delhi High Court Orders Blocking Of Website Unauthorisedly Using Louis Vuitton Photographs
The Delhi High Court has ordered blocking of a website which was using photographs of the famous French luxury brand Louis Vuitton without its authorization, observing that a prima facie case of copyright infringement has been made out.Justice C Hari Shankar restrained www.haute24.com, its owner and and agents from copying or publishing the allegedly infringing photographs on the website,...
The Delhi High Court has ordered blocking of a website which was using photographs of the famous French luxury brand Louis Vuitton without its authorization, observing that a prima facie case of copyright infringement has been made out.
Justice C Hari Shankar restrained www.haute24.com, its owner and and agents from copying or publishing the allegedly infringing photographs on the website, till the next date of hearing.
"Defendant 3, which is the domain name registrar of the domain name www.haute24.com is directed immediately and forthwith block access to the said website and also to provide the BIS details of the registrant of the said website so that he could be impleaded in these proceedings, in its reply affidavit," the court ordered.
Justice Shankar was hearing a suit filed by Louis Vuitton alleging that the website and its owner copied its photographs and infringed the copyright by using them without any authorization or commercial relationship.
The unlicensed use of the plaintiff's photographs amounts to infringement of the copyright of the plaintiff in the said photographs, the plaint alleged.
Louis Vuitton told the court that the photographs used for advertisement on its website qualify as "artistic works" within the meaning of section 2(c) of the Copyrights Act, 1957.
It submitted that it had the copyright of the photographs since they were taken at its instance, by persons commissioned to do so and are used to advertise its products.
Passing an ex parte ad interim injunction in favour of the luxury brand, Justice Shankar said:
"The plaintiff has made out a clear prima facie case of copyright infringement. As such, it would be entitled to ex parte ad interim relief so that such infringement does not continue."
The matter is now listed before the Joint Registrar for completion of pleadings February 6, 2023.
Advocates Anirudha Valsangkar, Rishika Aggarwal and Abhilash Gupta from Dodd and Co. appeared for plaintiff.
Title: LOUIS VUITTON MALLETIER v. WWW.HAUTE24.COM & ORS.