- A trademark infringement suit was filed by Louis Vuitton against Lee Vanz over sale of footwear using LV logo.
- In order to close this suit in the Delhi High court, the sellers have undertaken to pay rs 1 lakh to the French company in instalments
- The plaintiff wanted a permanent injunction to forbid the infringement of its trademark and also compensate for the damages, profits and delivery
- Delhi High Court Mediation and Conciliation Centre was considered to bring about a settlement between the two sellers. However that failed.
- The Plaintiff-Louis Vuitton Malletier, is a French company and a part of the Meet Hennessy Louis Vuitton (LVMH) Group.
- All it’s products are advertised under its trademark.
- The plaintiff’s company is reputed for high class designer products and has a unique brand image associated with its name.
- Huge sales and high quality gives it a unique selling price combined with style and elegance. All these reasons give the company it’s increasing sales.
- Initials of Louis Vuitton, namely "LV" has been used as a trademark for the brand since 1890
- The evidence of the Plaintiff has not been rebutted. The LV logo makes the brand pattern undoubtedly for LOUIS VUITTON. Hence the issue was decided in against the defendant.
- The plaintiff also marked that it has no problem with the defendant using the mark 'Lee Vanz' so long as its abbreviated version 'LV' of the `LV logo' is not used.
- The Delhi High court therefore decides that an amount of rupees 1 lakh should be paid in instalments of 20,000 per month equally.
- The Court had previously appointed Local Commissioners, who had visited the premises of the sellers in Agra and seized the goods bearing the 'LV Logo'. The total seizure effected was to the tune of 343 pairs of footwear.
- Lee Vanz agreed to produce the same goods before the court so that the LV buckle will be brought down. And the footwear can be dealt with sellers individually.
- Thus the alleged trade marks were decided in favour of the plaintiff, the distinctive floral designs and LV logo were to be removed.
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