The judgment establishes the principles of trademark infringement, passing off, and well-known trademark recognition under the Trademarks Act, 1999. It emphasizes the importance of proving damages and the flagrant nature of infringing activities in awarding damages.

Sanjeev Narula, J.

The present suit filed by the Plaintiff is for permanent injunction restraining infringement of its trademark, passing off, dilution, rendition of accounts of profits, damages and delivery up. The suit was originally filed as a regular suit and was registered as a commercial suit vide order dated 7th February 2018.

Proceedings in the suit.

2. On 2 nd December 2011, the summons in the suit were directed to be issued and also an ex-parte ad interim injunction was granted in favour of the Plaintiff and against the Defendant. On service of summons, Defendants appeared and filed written statement on 30th September 2013 along with application seeking condonation of delay in filing the written statement. The delay was condoned subject to cost. Thereafter, proceedings continued before the Joint Registrar. The admission/denial of the documents could not be completed. Nonetheless, when the matter was placed before the Court, issues were framed vide order dated 6th January 2014 to the following effect:-

"1. Whether the Plaintiff is the registered proprietor of the trademarks LOUIS VUITTON, the LV Logo and the Toile Monogram? OPP

2. Whether the Defendants have infringed the registered trademarks of the Plaintiffs? OPP

3. Whether the use of the trade marks LOUIS VUITTON, the LV logo, the Toile Monogram and/or any other deceptively similar mark by the Defendants amounts to passing off or amounts to unfair trade practice? OPP

4. Whether the Plaintiff's trademarks LOUIS VUITTON, the LV logo, the Toile Monogram and the Damier Pattern are deemed well known and recognized as such? OPP

5. Whether the present suit is liable to be dismissed for want of cause of action? OPD

6. Whether the Plaintiff is guilty of suppression of material facts? OPD

7. Whether the Defendant's adoption and use of the mark LOUIS VUITTON is bonafide? OPD

8. Relief, costs, damages if any?"

3. The parties were referred to Delhi High Court Mediation and Conciliation Centre, to explore a possibility of settlement. However, mediation failed and resultantly, Court Commissioner was appointed for recording of the evidence in the suit. Subsequently, an application under Order VII Rule 14 was filed by the Plaintiff for bringing on record certain documents that were not filed along with the plaint. When the notice of the said application was served on the Defendant's counsel, he informed the Court that the Defendants were not in touch with him and were also not responding to his communications. The aforenoted application was allowed and the documents were taken on record subject to payment of cost. That stage onwards, the Defendants stopped appearing in the matter and the records reveal that there has been no appearance on their behalf after 10th February 2015. The evidence of the Plaintiff was recorded ex-parte. The Plaintiff examined Shri Nikhil Radhakrishnan (PW-1) as it's witness and exhibited documents PW-1/1- PW-1/56. After completion of evidence, the matter was placed before Court for further orders. Noting the absence of the Defendants on several dates, the Defendants were proceeded ex-parte vide order dated 13th March 2019 and Plaintiff's arguments were heard.

Brief Facts

4. As per the Plaint, Plaintiff-Louis Vuitton Malletier, is a company incorporated under the laws of France. It is part of Meet Hennessy Louis Vuitton (LVMH) Group. Plaintiff derived its name from its founder Mr. Louis Vuitton who opened the first Louis Vuitton store in Paris in the year 1854. Plaintiff opened its first exclusive retail outlet in India in 2003 at the Oberoi Hotel in New Delhi. There are now several exclusive retail outlets in India. Plaintiff's products are advertised in several countries under the said trademarks. It has rigorously invested in publicity and is sponsoring its brands every year and the advertisements have also been appearing in several Indian magazines. Th