The Delhi High Court in the case Louis Vuitton Malletier v Future times Technology India Private Limited & Ors observed and has awarded Rs. 20 lakhs costs in favour of French luxury fashion house Louis Vuitton Malletier in its trademark infringement suit against Club Factory which was banned in India in 2021, a China-based e-shopping website.
In the present case, though on March 24, the suit was decreed when a permanent injunction was granted against the Chinese website and now it is being listed for ex-parte evidence in respect of the relief of damages, the counsel appearing for the Louis Vuitton’s on November 03 informed the court that “owing to certain sensitivity”, the only wish made by the plaintiff in the matter is to press for costs.
It was observed that the luxury brand placed the bill of costs on record and claimed an amount of Rs.32,29,416.
The bench comprising of Justice Pratibha M. Singh in its order stated that while considering the facts of this case, costs of Rs.20,00,000 are awarded in favour of the Plaintiffs. No other reliefs have been pressed by the Plaintiff. Accordingly, the court stated for withdrawn of the Decree sheet.
It was alleged by the Louis Vuitton in the suit filled in 2020 that the website “www.clubfactory.com” was indulging in sale of unauthorised products having its marks, thereby violating its rights in the Louis Vuitton mark and of the various other device marks.
In March, the bench of Justice Singh, observed and has permanently restrained the defendants from selling, manufacturing, or offering for sale any goods including face masks etc., bearing the registered marks of Louis Vuitton on its portal or any of the other portal run by them.
It had also been directed by the Court that the Department of Telecommunications (DoT) and Ministry of Electronic and Information Technology (MeiTY) for issuing instructions to all internet service providers to block the website www.clubfactory.com so that the same is also not accessible through VPN or any other platforms.
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