Louis Vuitton Malletier Vs Javed Khan & Ors
DATE OF ORDER:
9 September 2022
HON’BLE JUSTICE PRATHIBA M. SINGH
Plaintiff: LOUIS VUITTON MALLETIER
Defendants: JAVED KHAN & ORS.
This case involved a suit seeking a permanent and mandatory injunction, rendition of accounts for trademark infringement.
- The plaintiff is a French company having its registered office in Paris, France. It traces back its existence to 1854 and the mark ‘LV’ is well known since then. The plaintiff is engaged in the business of manufacturing distributing and selling high-quality and high-value luggage, handbags, wallets, footwear and fashion accessories for both women and men.
- It is a part of the Louis Vuitton Moet Hennessy (LVMH) group that owns over 75 prestigious brands with a retail network of over 5000 stores across the world.
- In India, the plaintiff’s first registration of the ‘LV’ mark dates to 8th August 1985 bearing registration no. 441451. The latest registration is dated 4th February 2016 bearing registration no. 3177009.
- Defendant no. 1 namely Javed Khan is a wholesale supplier of footwear and menswear and operates under the name ‘Jay Kay Sales’.
- Defendant 2 namely Bilal Khan is listed as an entrepreneur India Mart runs a business along with defendant no. 1 at 2 locations.
- Defendant no. 3 Ashok Kumar, is an unknown person/identity based on the concept of John Doe who was found operating an e-commerce portal until October 2021, where it was offering for sale products such as footwear, wrist watches and other accessories bearingthe logo as counterfeits.
- The present suit was filed by the plaintiffs to seek relief of permanent and mandatory injunction, rendition of accounts/damages against the defendants for trademark infringement who are selling footwear bearing the ‘LV’ logo under the name of Lee Vanz in form of buckles on their footwear.
- Vide order dated 09.12.2021, an ex-parte injunction was granted in favour of the plaintiffs.
- The appointed local commissioners visited the premises of D1 and D2 in Agra, Uttar Pradesh and seized 343 pairs of footwear bearing the ‘LV’ logo.
The plaintiff argued for the exclusiveness of the LV logo along with the distinct floral pattern.
- Defendants Bilal Khan and Javed Khan have agreed to bring an end to this dispute with the plaintiffs and have made a settlement before the court that they are willing to pay Rs. 1,00,000/- to the plaintiffs towards Litigation Cost in installments with an undertaking not to use the ‘LV’ logo or any other marks of the plaintiff.Plaintiff returned no objection and did not press any other relief.
- The defendants agreed to produce seized goods before the Hon’ble court on 15th Sept. 2022 so that ‘LV Buckles’ can be removed.
The defendants were ordered to pay an amount of Rs. 1 Lakh in 5 equal installments of Rs. 20,000 towards litigation cost to the plaintiff in accordance with the following terms:-
||15 SEPTEMBER 2022
||15 OCTOBER 2022
||15 NOVEMBER 2022
||15 DECEMBER 2022
||15 JANUARY 2023
Click here to download the original copy of the judgement
Learn the practical aspects of CrPC HERE, CPC HERE, IPC HERE, Evidence Act HERE, Family Laws HERE, DV Act HERE