Delhi High Court Issues Permanent Injunction In Favor Of Louis Vuitton In Trade Mark Infringement Case
Delhi High Court Issues Permanent Injunction in Favor of Louis Vuitton in Trade Mark Infringement Case
In a significant ruling, Justice Amit Bansal of the Delhi High Court has granted Louis Vuitton (LV) a permanent injunction in a commercial suit seeking to restrain the defendants from infringing its trademark and passing off counterfeit goods.
The case began in June 2023 when Louis Vuitton discovered that the defendants were selling products bearing its 'LV' marks. A detailed investigation revealed that Defendant 1 was operating several multi-story stores and a godown in Surat, Gujarat, and was also conducting online sales through social media accounts and third-party e-commerce platforms. The investigation included a test purchase via WhatsApp that led to the delivery of a counterfeit LV product in Delhi. Additionally, it was found that the defendants ran a Telegram group where they regularly posted listings of counterfeit goods, directing users to multiple e- commerce sites linked to defendant 3's main domain, ‘www.selloship.com.’
On October 5, 2023, the Delhi High Court issued an ex-parte ad interim injunction restraining the defendants from manufacturing, selling, or dealing in any products bearing Louis Vuitton’s trademarks. The defendants did not appear or respond to the court proceedings, leading the court to proceed ex parte.
Louis Vuitton then sought a decree under Order VIII Rule 10 of the Code of Civil Procedure (CPC), arguing that the defendants had failed to file a written statement or contest the claims made in the plaint. The court relied on the Satya Infrastructure Ltd. v. Satya Infra & Estates Pvt. Ltd. case, which ruled that in such circumstances, there is no need for the plaintiff to lead further evidence since the plaint and supporting affidavit are sufficient. Since the defendants had neither contested the documents nor filed any defense, the court considered their claims as admitted, and thus, the suit did not require a trial.
The court noted that Louis Vuitton is the registered proprietor of the well-known ‘LV’ trademark, and the evidence clearly demonstrated that the defendants were infringing the trademark and engaging in passing-off activities. The court found that the defendants had taken unfair advantage of Louis Vuitton's brand reputation, deceiving consumers by using its registered marks without justification.
The Court issued a permanent injunction against Defendants 1 and 2 and passed a decree of delivery, ordering them to surrender all infringing products that had been seized during the execution of the Local Commission.
Additionally, the Court directed Defendant 3 to block all subdomains utilized by Defendants 1 and 2 for their infringing activities. Furthermore, the Court instructed representatives of Louis Vuitton to appear before the Joint Registrar for the determination of the actual litigation costs incurred, which were to be borne by the defendants.
