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DELHI HIGH COURT
PRATHIBA M.SINGH
Louis Vuitton Malletier – Appellant
Versus
Futuretimes Technology India Private Limited – Respondent
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.
I.A. 3002/2022 (for discharge)
2. This is an application filed by the advocates for the Defendants seeking discharge. It is submitted by Ms. Sucheta Roy, ld. Counsel that initially instructions were received from the Defendants who were running the website www.clubfactory.com. However, ld. Counsel submits that after the pandemic, the said website originating from China was banned by the Government of India and thereafter, they have stopped getting instructions from the Defendant.
3. The case of the Plaintiff herein is that the Defendants are indulging in sale of unauthorized products having Plaintiff's marks on www.clubfactory.com, thereby violating Plaintiff's rights in Louis Vuitton mark and various other device marks. It is submitted by Mr. Pravin Anand, ld. Counsel, that the Defendant was running a large scale portal where sales have been made of the infringing products.
4. The Defendants have stopped appearing in the matter after having contested the matter for several hearings. Accordingly, the following directions are issued:
i. Ld. counsel for the Defendants shall provide the Ld. Co
The court finds that unauthorized use of registered trade marks constitutes infringement, warranting a permanent injunction to protect intellectual property rights.
Violation of trademark rights and issuance of permanent injunction.
Trademark infringement occurs when a mark causes confusion, and plaintiff's rights must be protected to maintain trademark integrity and avoid consumer deception.
The main legal point established in the judgment is the grant of permanent injunction and award of damages in a trademark infringement case.
The central legal point established in the judgment is the enforcement of a settlement agreement in a trademark infringement case, acknowledging the rights of the trademark owner and directing the in....
The central legal point established in the judgment is the permanent restraint on the Defendants from using the mark 'AAJ TAK' or any deceptively similar mark for media, news, entertainment, or simil....
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