IN THE HIGH COURT OF DELHI
Prathiba M. Singh, J.
Louis Vuitton Malletier - Appellant
Versus
Javed Khan - Respondent
CS (COMM) 636 of 2021
Decided On : 09-09-2022
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.
2. The Plaintiff-Louis Vuitton Malletier is a French company, having its registered office at 2 Rues du Pont-Neuf, 75001-Paris, France. Its history traces back to 1854 and the mark `LV' has since become well known. The Plaintiff is engaged in the business of manufacturing, distributing and selling high quality and high value luggage, handbags, wallets, footwear and fashion accessories for both women and men. It is a part of the Louis Vuitton Moet Hennessy (LVMH) group that owns over 75 prestigious brands with a retail network of over 5,000 stores worldwide and revenue of 44.7 Billion Euros as of 2020. In India, the Plaintiff's registration of the LV Marks are as follows:
| Date | Registration No. | Mark |
| 8th August, 1985 | 441451 | ![]() |
| 8th August, 1985 | 441452 | ![]() |
| 8th August, 1985 | 441453 | ![]() |
| 20th December, 2000 | 978462 | ![]() |
| 20th December, 2000 | 978464 | ![]() |
| 26th November, 2014 | 3054827 | ![]() |
| 4th February, 2016 | 3177009 | ![]() |
3. The Defendant No. 1-Javed Khan, is a wholesale supplier of footwear and menswear under the business name Jay Kay Sales. Defendant No. 2-Bilal Khan, is a listed entrepreneur on IndiaMart, who along with Defendant No. 1 runs the business and they operate out of two locations:
i. 59/164-B Shyam Nagar, VIP Road, Khoja Ki Sarai, Hing ki Mandi, Agra, U.P.-282001
ii. Shop No. 8, Sarv Complex, Meera Hussaini Crossing, Hing ki Mandi, Mantola, Agra, U.P.-282003.
4. Defendant No.3-Ashok Kumar, is an unknown person/identity based on the concept of John Doe who until October, 2021 was operating an online e-commerce portal with website www.olvikart.com and social media handles like instagram that direct you to the said website, where it was offering for sale products such as footwear, wrist watches and other accessories bearing the logo as counterfeits.
5. The Plaintiff has filed the present suit seeking the reliefs of permanent & mandatory injunction, rendition of accounts/damages, delivery up and other appropriate reliefs against the Defendants who are selling footwear bearing the `LV Logo' as well as using the `LV Logo' under the name `Lee Vanz' in the form of buckles on their footwear. The case of the Plaintiff is that `LOUIS VUITTON' marks along with its distinctive floral pattern and logos are exclusive to the Plaintiff. However, the manner of use by the Defendants is set out below:

6. Vide order dated 09th December, 2021, an ex parte order of injunction was granted by the Predecessor Bench in the following terms:
"21. Accordingly, till further orders, the defendants and all those acting on their behalf from counterfeiting, manufacturing, using advertising, marketing, selling and/or offering for sale, distributing or directly or indirectly dealing in, in any manner bearing the registered trademarks "LOUIS VUITTON", "LV" logo, Toile monogram pattern or any similar trademark amounting to an infringement of plaintiffs registered trademarks, as also passing off of their goods as emanating from the plaintiff."
7. Local Commissioners were also appointed in the matter, who had visited the premises of the Defendant Nos. 1 & 2 in Agra and seized the goods bearing the `LV Logo'. The total seizure effected was to the tune of 343 pairs from the two premises of the Defendants, set out in the memo of the parties.
8. Defendant Nos.1 & 2, thereafter, have appeared before this Court and have agreed to bring a closure to the dispute with the Plaintiff. Today, the Defendants, namely, Mr. Bilal Khan and Mr. Javed Khan, who are present in the Court along with their ld. counsel, have made a statement before the Court that they are willing to pay a total sum of Rs.1,00,000/- towards litigation costs to the Plaintiff in instalments and that they further undertake not to use the `LV Logo' or any other marks of the Plaintiff. The Plaintiff in return has no objection, if the defendant uses the mark `Lee Vanz' so long as its abbreviated version `LV' of the `LV logo' is not used.
9. In view of the state
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.
Establishment of statutory and common law rights over trademarks, infringement, passing off, and grant of remedies.
The court affirmed the well-known status of the plaintiff's trademarks and granted permanent injunction against defendants for infringement and passing off.
Trademark infringement and passing off under the Trade Marks Act, 1999, and the seriousness of counterfeiting in eroding brand value and misleading consumers.
Infringing activities and lack of defense by the Defendant can lead to the award of damages and costs in favor of the Plaintiff.
The plaintiff failed to establish exclusive rights over the common name 'VASUNDHRA', resulting in dismissal of the injunction application due to lack of a prima facie case.
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....
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