Trademarks are known as business identifiers and they play an indispensable role in the growth of a particular business. With the globalization of markets , growing importance of brand advertising for manufacturers and subsequent brand awareness of consumers, trademarks have become increasingly important and valuable. Trade marks are crucial trading instruments because consumers ascertain the quality and standard of goods and services with the trade source.While trademark laws provide monopoly rights to the proprietor of a mark to use and promote it in the market, they also help the consumers to identify a particular trademark with the quality of goods and services.
Louis Vuitton is a leading name in the fashion industry and the products manufactured by them guarantee a particular standard of quality. From 2006 to 2012 Louis Vuitton was named as the world’s most valuable luxury brand.
The Delhi High Court has recently restrained a Ludhiana based firm and three other individuals from dealing with goods bearing the well-known trademark Louis Vuitton. The Delhi High Court has passed an interim order in favor of Louis Vuitton after finding that the defendants were using the registered mark of Louis Vuitton on their counterfeited products. Such use of registered trademark without the permission of the proprietor is actionable under the trademark law. The interim order was passed by Justice Manmohan Singh. The fashion house was able to prove prima facie case against the firm which dealt with goods bearing their registered mark.
The Delhi High Court stated the following, “Till the next date of hearing, the defendants (firm), their partners, if any, officers, servants, agents, distributors, stockists and representatives are restrained from manufacturing, selling and/or offering for sale,…. or directly or indirectly dealing in goods/labels, … bearing the trademarks Louis Vuitton, the LV logo, the Toile monogram pattern, the Damier pattern and the LV Flower pattern, or any similar trademark amounting to an infringement of plaintiff s registered trademarks, copyrights as also passing off,”
The matter is listed for further hearing on October 4, 2016. In addition to passing an interim order, the Court has also appointed two local commissioners who need to make an inventory of all the infringing goods. The fashion house has also prayed for a permanent injunction against the firm. Damages of over Rs 1 crore has been sought by Louis Vuitton from the firm.
Authored by Sudha Sameekshya
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