Louis Vuitton Malletier vs Javed Khan & Ors on 5 August, 2022

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Delhi High Court - Orders

Louis Vuitton Malletier vs Javed Khan & Ors on 5 August, 2022

Bench: Prathiba M. Singh

                          $~9
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +                        CS(COMM) 636/2021
                                LOUIS VUITTON MALLETIER                            ..... Plaintiff
                                                   Through:     Ms. Pooja Dodd, Ms. Mahima
                                                                Mongia, Ms. Akanksha Singh and
                                                                Ms. Niharika Malhotra, Advocates.
                                                                (M:9811045646)
                                                   versus

                                JAVED KHAN & ORS.                                  ..... Defendants
                                                   Through:     Mr. Kapil Kumar Giri, Mr. Nikhil
                                                                Kumar Singh and Mr. Deepak Khatri
                                                                Advocates. (M:9899065518).
                                                                D-2 present in person.
                                CORAM:
                                JUSTICE PRATHIBA M. SINGH
                                         ORDER

% 05.08.2022

1. This hearing has been done through hybrid mode.

2. The present suit has been filed seeking permanent and mandatory injunction restraining the infringement of trademarks, dilution, rendition of accounts, damages, delivery up, and other reliefs. The Plaintiff - Louis Vuitton Malletier is engaged in the business of manufacture, sale and distribution of high quality and high value luggage, trunks, hand bags, wallets, footwear, perfumery and other fashion accessories. The Plaintiff seeks to restrain the Defendants from manufacturing, offering for sale, selling and distributing goods bearing the mark 'LEE VANZ', and/or any other mark identical or deceptively similar to the Plaintiff's registered and well-known 'LOUIS VUITTON' marks.

Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:08.08.2022 17:09:08

3. Defendant No.2 - Mr. Bilal Khan, is present in person. He submits that, at the time when the cease and desist notice was received from the Plaintiff, the Defendants had only manufactured around 200 pairs of shoes and the value of the same would not be more than Rs.20,000/- to Rs.25,000/. Some shoes have also been seized by the Local Commissioner. The Defendants have also withdrawn the trademark application for the mark 'LEE VANZ'. He undertakes that the Defendants do not intend to use the 'LOUIS VUITTON' mark, as also, the variants and LV logo thereof, for products of their manufacture and sale.

4. Defendant No.2 has also agreed to pay a sum of Rs.25,000/- as costs to the Plaintiff.

5. Ld. Counsel for the Plaintiff wishes to seek instructions in the matter.

6. List on 9th September, 2022.

PRATHIBA M. SINGH, J.

AUGUST 5, 2022 dj/ad Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:08.08.2022 17:09:08

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Delhi High Court - Orders