Plaintiff: Louis Vuittion Malletier
Defendant: Iqbal Singh and Ors
Plaintiff’s case
The Plaintiff filed a suit for permanent injunction against the Defendants for infringing on its trademarks (its name “Louis Vuitton” and its initials “LV” represented in an intertwined manner), and for passing off and diluting its registered marks.
The Plaintiff also averred that it owns the copyright over “Toile Monogram” and “Murukami Monogram Multicolore” patterns that it has been using. It alleged that the Defendants are dealing in counterfeit products bearing these registered trademarks.
High Court’s observations and rulings
The HC framed 8 issues and ruled on each as follows:
1. The HC ruled that the Plaintiff is the registered owner of the trademarks “Louis Vuitton”, the “LV” logo and the “Toile Monogram” pattern.
2. The HC ruled that the Plaintiff is the registered proprietor of the aforementioned trademarks. On the basis of witness statements, the independent investigator’s report and the reports of the Local Commissioner, the HC held that the Defendants have infringed on the trademark of the Plaintiff.
3. The HC observed that the Defendants have adopted and used the registered trademark of the Plaintiff for their goods with the intention to profit from the reputation and goodwill enjoyed by the Plaintiff. It further stated that such a usage would lead to loss of revenue for the Plaintiff and also affect its reputation. The HC ruled that the adoption of the Plaintiff’s registered mark by the Defendants is dishonest and that the Defendants have committed the tort of passing off.
4. The HC ruled that the Plaintiff has established that it’s trademarks are deemed well-known and recognised as such.
5, 6, 7. The HC observes that the Defendants are guilty of infringing the Plaintiff’s trademark with the intention of confusing and deceiving the general public and consumers. They are also guilty of dealing in counterfeit products. HC states that it is apparent that the Defendants’ intent is to dilute the goodwill and reputation of the Plaintiff’s well-known trademark.
8. HC concludes that the Defendants’ infringing activities impinge on the Plaintiff’s right and consequently awarded damages of Rs. 3,50,000/- in favour of the Plaintiff.
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