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2018 Supreme(Del) 1788

MANMOHAN
Louis Vuitton Malletier – Appellant
Versus
Omi – Respondent


Advocates Appeared:
For the Petitioner:Mr. Pravin Anand with Mr. Dhruv Anand, Ms. Udita Patro and Mr. Shamim Nooreyezdan, Advocates.
For the Respondents:Mr. Nitin Mehta, Advocate.

JUDGMENT :

MANMOHAN, J.

FACTUAL BACKGROUND LEADING TO FILING OF CONTEMPT PETITION AND DISPOSAL OF THE SUIT

1. The present suit had been filed for permanent injunction restraining infringement of trademark, copyright, passing off, dilution and tarnishment, damages, delivery up etc. by the petitioner/plaintiff Louis Vuitton, which is a highly reputed company.

2. The suit was filed against the respondents/defendants for the sale of counterfeit products bearing the petitioner’s/plaintiff’s registered trade mark and logo on 29th August, 2013.

3. An ex-parte ad interim injunction was passed in favour of the petitioner/plaintiff and a local commissioner was appointed to visit the premises of the respondent/defendant on 30th August, 2013. The local commission was conducted on 03rd September, 2013, wherein infringing goods were found at the premises of the respondents/defendants. The relevant portion of the Local Commissioner’s report is reproduced hereinbelow :-

"3. That on reaching the said premises at around 2 PM, the undersigned met Mr. Manni Malhotra, an employer of the proprietor of Shop No. 46, Ghaffar Market, Karol Bagh, New Delhi -110 005. The undersigned apprised Mr. Manni Malhotra of t























































































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