In CS(COMM) 635/2018-DEL HC- Delhi HC awards costs of over Rs 9 lakh to Louis Vuitton in trademark infringement suit after noting that total of 9554 infringing products were found at premises of counterfeiters
Justice Amit Bansal [18-04-2023]

Read Order: LOUIS VUITTON MALLETIER Vs. SANTOSH & ORS 

Tulip Kanth

New Delhi, April 19, 2023: The Delhi High Court has come to the aid of the luxury brand Louis Vuitton by asking the counterfeiters to pay an amount of Rs 9.59 lakh for indulging in manufacturing and selling counterfeit products.

“In the present case, the defendants no.1 to 3 have blatantly infringed the Louis Vuitton trademarks of the plaintiff and have also failed to appear before this Court. 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”, Justice Amit Bansal said.

The issue of infringement came to light when the plaintiff found out about the infringing and counterfeit activities of the defendants during the periodical market surveys conducted by the plaintiff in January and February, 2018.

It was the plaintiff’s case that the defendants have been engaged in manufacturing and selling and/or offering for sale, trading, advertising and directly dealing in goods bearing the plaintiffs registered trademarks. Pursuant thereto, the plaintiff availed the services of an investigator in January and February, 2018, to ascertain the business activities of the defendants. The investigation confirmed that the defendants were infringing the plaintiff’s registered and ‘well-known trademark’ “Louis Vuitton” in relation to their business of counterfeit activities.

The High Court had earlier passed an an ex parte ad interim injunction in favour of the plaintiff, restraining the defendants from using the plaintiff’s registered trademarks “Louis Vuitton”, “LV” logo, the Toile monogram pattern, the Damier pattern and the LV flower pattern. 

Three Local Commissioners were also appointed by this Court to seize and make an inventory of the infringing products. The Commissioners found a large stock of infringing goods at the premises of the defendants.

The Bench asserted that it was 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 plaintiff had also been able to show its goodwill and reputation in respect of the aforesaid trademarks. Plaintiff had established statutory as well as common law rights on account of long usage of its Louis Vuitton trademarks.

The reports of the Local Commissioners showed that the defendants were indulging in manufacturing and sales of counterfeit products, which had the identical marks as that of the plaintiff. 

“A total of 9554 infringing products were found at the premises of the defendants no.1 to 3 including labels, buttons, tags, apparels bearing the trademarks of the plaintiff. 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 Bench said

As per the Bench, the defendants had taken unfair advantage of the reputation and goodwill of the plaintiff’s marks and had also deceived the unwary consumers of their association with the plaintiff by dishonestly adopting the plaintiff’s registered marks without any plausible explanation. Such acts of the defendants would also lead to dilution of the plaintiff’s marks, the High Court noted.

“In the present case, the defendants no.1 to 3 have blatantly infringed the Louis Vuitton trademarks of the plaintiff and has also failed to appear before this Court”, the Bench held while imposing a penalty of Rs 9,59,413 upon the defendants.