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High Court of Judicature at Delhi issues summons to the defendants in a suit between luxury fashion brand Louis Vuitton and popular retailer Club Factory with the former seeking direction to restrain all good with LV Logo/ trademark on defendant's platform.
Loius Vuitton Malletier shortly referred to as Louis Vuitton or LV is a French fashion house with all the luxury fashion wears whereas Club Factory is an e-commerce store headquartered in china. Which was included in the list of 59 applications banned by the Indian government in view of securing sovereignty and integrity of India, defense of India, and security of the state and public order?
In this matter between Louis Vuitton and Club Factory formed has prayed the single judge bench comprising justice V Kameshwar Rao to grant an ad-interim relief by restraining club factory or its partners, agents, distributors, etc from importing, manufacturing, warehousing, selling, advertising directly or indirectly, any good even face masks which bear Louis Vuitton's registered trademark.
Plaintiff also contended those products which include " Louis Vuitton", "LV" Logo, Toile monogram pattern, Damier Pattern or LV Flower pattern or any similar trademark must be excluded from the defendant's platform as it violates rights of a registered trademark.
Plaintiff further seeks direction to ban the sale of such products on all Club Factory platforms such as the website, apps and social media platforms also sought to suspend the web-links which advertise the sale of infringing products.
Advocates for defendants on accepting the summons stated if the URL is notified on which infringing products are hosted then the retailer shall himself remove the link to infringing products in accordance with the policy in conformity with Information Technology Act.
The court has granted 30 days' time to defendants to file its replication.
The matter is again posted before the bench on August 13, 2020.
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