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2018 Supreme(Del) 2377

PRATHIBA M.SINGH
Lvmh Fragrance Brands Sa – Appellant
Versus
Smart Collection – Respondent


Advocates:
Advocate Appeared:
For the Plaintiff : Mr. S.K. Bansal, Mr. Pankaj Kumar, Mr. Kapil Kumar Giri
For the Defendants : Mr. H.P. Singh

JUDGMENT :

Prathiba M. Singh, J.

1. The Plaintiff – LVMH Fragrance Brands SA. (hereinafter, ‘Plaintiff’), is a multinational luxury goods conglomerate, headquartered in Paris. The company was formed by the merger of Louis Vuitton with Moet Hennessy in 1987. It controls 60 subsidiaries across the globe, ‘GIVENCHY’ being one of them. ‘GIVENCHY’ is a French fashion, accessories and perfume brand, founded by Count Hubert de Givenchy in 1952. M/s Parfums Givenchy S.A. France, the predecessor of the Plaintiff company, was established in 1957 and since then ‘GIVENCHY’ has become renowned brand for fragrances, perfumery and other cosmetics worldwide. The Plaintiff’s products are claimed to be sold in more than 100 countries in the world. In India, the Plaintiff’s mark ‘GIVENCHY’ is registered in several classes including classes 3, 18, and 25, as stated in paragraph 7 of the plaint. It is the case of the Plaintiff that the mark ‘GIVENCHY’ is also an essential part of the domain name and website www.givenchy.com.

2. The Plaintiff avers that in the last week of April, 2014, it came across various counterfeit products with the trademark ‘GIVENCHY’ and came to know that the said products are bein

















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