The Delhi High Court awarded a permanent injunction in favor of Louis Vuitton Malletier against Manoj Khurana & Ors that were accused of selling counterfeit goods and trademark infringement. LV marks: “Louis Vuitton”(1854); ” LV”(1890); the highly distinctive “Toile Monogram” (1896) and LV “Damier pattern” are registered in India in classes 3, 14, 18 and 25.
In this case, the defendants were allegedly in the business of unauthorized selling of counterfeit goods under multiple registered trademarks of Louis Vuitton. During a periodical market check in April 2013, Louis Vuitton learned through an investigator that Manoj Khurana & Ors infringed and illegally sold counterfeit goods (wallets, handbags, purses, belts and other goods) bearing infringing trademarks, “Louis Vuitton,” the LV logo and the LV “Damier pattern.” The investigator submitted the necessary evidence (images of the infringing goods, investigator’s affidavit and a copy of the sales receipt) that showed defendants were selling counterfeit goods bearing LV’s exclusive Damier pattern.
Per Louis Vuitton, only four exclusive retail outlets in India are authorized to sell original Louis Vuitton goods. But a plea was raised by the defendants that said they were selling the goods under “wrong belief” that the goods were owned by LV. However, the Court did not buy that stating, “[W]here LV goods are found to be sold outside the exclusive LV stores, an adverse inference is to be drawn under the Indian Evidence Act, 1872 that the goods are counterfeit beyond any doubt whatsoever.”
After consideration, the Delhi High Court held the trademarks exclusively associated with Louis Vuitton Malletier, the “LV” logo; the “Toile Monogram”; and the LV “Damier pattern” (which is registered under No. 861145 in class 25) are well-known throughout the world and even India under Section 11(6) of the Trademarks Act, 1999. Therefore, a decree for permanent injunction was entered in favor of Louis Vuitton and the French luxury fashion house was awarded Rs 50,000.
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