Delhi High Court Imposes Over ₹9.5 Lakh Cost On Three Manufacturers For ‘Blatantly’ Infringing Louis Vuitton Trademarks

The Delhi High Court has imposed costs of over Rs. 9.5 lakhs on three individuals for blatantly infringing the trademarks of Louis Vuitton and failing to appear before the court in the trademark infringement suit filed by the French luxury company.

Justice Amit Bansal said that this is a fit case for award of actual costs to Louis Vuitton and awarded Rs.9,59,413 as costs to be paid by the individuals.

“Costs of Rs.3,00,000/- shall be paid by the defendants no. 1 and 2 and costs of Rs.6,59,414/- shall be paid by the defendant no.3,” the court said.

The court was hearing a suit filed by Louis Vuitton Malletier alleging infringement of its registered and well-known trademarks by three individuals who were manufacturing and selling goods bearing “Louis Vuitton” trademarks.

On February 23, 2018, the court had temporarily restrained the individuals from using “Louis Vuitton” trademark, “LV” logo, Toile monogram pattern, Damier pattern and LV flower pattern. Local Commissioners were also appointed to seize and make an inventory of the infringing products. The defendant individuals were proceeded against ex-parte as they failed to appear before the court.

Passing the order of permanent injunction, Justice Bansal said that since 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 defence to put forth on merits.

“The evidence by way of affidavit has been filed on behalf of the plaintiff in support of the averments made in the plaint, which has not been rebutted and therefore, it has been established that the plaintiff is the registered owner of the the name/mark “Louis Vuitton” trademark, the “LV” logo, the “Toile monogram” pattern, “Damier” pattern and the “LV flower” pattern and the said registrations are valid and subsisting,” the court said.

It added that Louis Vuitton was able to show its goodwill and reputation in respect of the trademarks and also established statutory as well as common law rights on account of long usage of the same.

The court further noted that the reports of the Local Commissioners showed that the defendants were indulging in manufacturing and sales of counterfeit products bearing the identical marks as that of Louis Vuitton.

“The Local Commissioners found a total number of 9554 infringing and counterfeit products at the premises of the defendants no.1 to 3, which were inventoried by them and seized and handed over on superdari to the defendants no.1 and 3. Out of the aforesaid goods 2735 infringing products were seized from the premises of the defendants no.1 and 2 and 6819 infringing products were seized from the premises of the defendant no.3,” the court said.

Title: LOUIS VUITTON MALLETIER v. SANTOSH & ORS.

Citation: 2023 LiveLaw (Del) 322

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