Louis Vuitton Mallettier v Abdul Salim and Others

Louis Vuitton Mallettier v. Abdul Salim and Others

CS(OS) 90/2006

Key Words: Parallel Import, Exhaustion, Trade Mark

FACTS:

This suit was filed for protection of rights in the trademark “Louis Vuitton”, trademark/logo “LV” and the “Toile monogram” design. The plaintiff as the registered proprietor of the aforesaid marks/logo/monogram sought order against the defendants from selling, offering for sale, advertising or dealing in hand bags, wallets luggage, footwear, leather and imitation of leather and goods bearing the aforesaid trademarks/logo/monogram. The cause of action for the suit was the import by the said defendants of counterfeit goods of the plaintiff bearing the aforesaid trademarks/logo/monogram. Injunction was also claimed restraining the said defendants from importing the aforesaid goods and passing off the same as plaintiff’s goods.

HELD:

The court ruled in favour of the plaintiff.

The defendants No. 1 & 2 were proved to be illegally importing counterfeit goods of the plaintiff and infringing the registered trademarks/logo/monogram of the plaintiff. The defendants were held not entitled to do so and the plaintiff, entitled to a decree for permanent injunction.