Delhi High Court Awards ₹20 Lakh To Louis Vuitton In Trademark Infringement Suit Against Club Factory

The Delhi High Court has awarded Rs. 20 lakhs costs in favour of French luxury fashion house Louis Vuitton Malletier in its trademark infringement suit against Club Factory, a China-based e-shopping website which was banned in India in 2021.

Though the suit was decreed on March 24 when a permanent injunction was granted against the Chinese website and now it was listed for ex-parte evidence in respect of the relief of damages, Louis Vuitton's counsel on November 03 told the court that "owing to certain sensitivity", the plaintiff only wishes to press for costs in the matter.

The luxury brand placed on record the bill of costs and claimed Rs.32,29,416.

"Considering the facts of this case, costs of Rs.20,00,000 are awarded in favour of the Plaintiffs. No other reliefs are pressed by the Plaintiff. Decree sheet be drawn accordingly," Justice Pratibha M. Singh said in the order.

In the suit filed in 2020, Louis Vuitton had alleged that the website "www.clubfactory.com" was indulging in sale of unauthorised products having its marks, thereby violating its rights in the Louis Vuitton mark and various other device marks.

In March, Justice Singh had permanently restrained the defendants from manufacturing, selling or offering for sale any goods including face masks etc., bearing the registered marks of Louis Vuitton on its portal or any other portal run by them.

The Court had also directed the Department of Telecommunications (DoT) and Ministry of Electronic and Information Technology (MeiTY) to issue instructions to all internet service providers to block the website www.clubfactory.com so that the same is also not accessible through VPN or other platforms.

Title: LOUIS VUITTON MALLETIER v. FUTURETIMES TECHNOLOGY INDIA PRIVATE LIMITED & ORS.

Citation: 2022 LiveLaw (Del) 1054

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