Trademark Infringement: Delhi High Court Grants Permanent Injunction Against Now Banned 'Club Factory' Website In Suit By Louis Vuitton

The Delhi High Court has granted permanent injunction against 'Club Factory', a China based portal which was banned by the Indian Government amid pandemic, in the trademark infringement suit filed by luxury brand 'Louis Vuitton'.

Justice Pratibha M Singh permanently restrained owners of website "www.clubfactory.com from manufacturing, selling, offering for sale directly or indirectly 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 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.

It was the case of Plaintiff that the Defendants were indulging in sale of unauthorized products having its marks on the website, thereby violating rights in Louis Vuitton mark and various other device marks.

An application was filed by Defendants' counsels seeking discharge in the matter as after being blocked by the Indian Government, they had stopped getting instructions in the matter.

On 3rd July, 2020 an undertaking was given by the Defendants that upon being notified, the URLs on which the infringing products are hoisted would be removed.

It was submitted that the policy of the Defendants was in conformity with the Information Technology Act, 2000. However, it was submitted by the Plaintiff that despite the said order being passed, the Plaintiff had realized that the URLs being notified by the Plaintiff to the Defendants were being merely masked or hidden and they continued to remain on the website of the Defendant.

"Accordingly, having seen the products being made available on the Defendants portal despite the undertaking given to the Court which clearly contain the use of the various device and word marks of the Plaintiff, a permanent injunction restraining the Defendants from, in any manner, manufacturing, selling, offering for sale directly or indirectly any goods including face masks etc., bearing the following registered marks of Louis Vuitton on its portal www.clubfactory.com or any other portal run by the Defendants is granted," the Court ordered.

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

Citation: 2022 LiveLaw (Del) 245

Click Here To Read Order