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AMIT BANSAL
Louis Vuitton Malletier – Appellant
Versus
Abdulkhaliq Abdulkader Chamadia – Respondent
JUDGMENT :
AMIT BANSAL, J. (Oral)
1. The present suit has been filed seeking relief of permanent injunction restraining the defendants from infringing the trademarks of the plaintiff, passing off their goods and services as that of the plaintiff, and other ancillary reliefs.
PLEADINGS IN THE PLAINT
2. The plaintiff-Louis Vuitton Malletier (“LVM”) is a company that manufactures, sells and distributes high quality clothing, footwear, cosmetics, luggage and fashion accessories for men and women.
3. The plaintiff traces its history to the year 1854 when its eponymic founder, Mr. Louis Vuitton, established its business. Today, the plaintiff is the part of the French Conglomerate, LVMH (Louis Vuitton Moet Hennesey) which owns portfolio of 75 world-famous brands. In 1896, Mr. Vuitton’s son created the highly distinctive 
logo featuring interlocked string of letters L & V. ‘Louis Vuitton’ has over the time been consistently shortened to “LV” in reference to its business activities.
4. In India, the plaintiff has several registrations for its different trademarks. The earliest registrations for the ‘LV’ marks date back to August 8, 1985. In particular, the plaintiff places reliance on the followi
The court affirmed the well-known status of the plaintiff's trademarks and granted permanent injunction against defendants for infringement and passing off.
Establishment of statutory and common law rights over trademarks, infringement, passing off, and grant of remedies.
The court recognizes the protection of registered trademarks against infringement and allows parties to settle disputes amicably, subject to conditions ensuring non-use of the original mark.
Intellectual of Property Law - Infringement of Registered Trade mark - Plaintiffs has not applied for their trademark to be treated as a well known trademark in terms of Rule 124 of Trade Marks Rules....
Infringement of well-known trademarks under the Trade Marks Act, 1999 and the grant of permanent injunction and damages as remedies.
The main legal point established in the judgment is that delay in instituting a suit, suppression of material documents, lack of evidence, and significant differences between the marks can be fatal t....
The delay in instituting the suit is fatal to the case of the plaintiff. The plaintiff had not even whispered about the reply notice issued by the defendant. This is very crucial since the defendants....
Infringing activities and lack of defense by the Defendant can lead to the award of damages and costs in favor of the Plaintiff.
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