Sat. May 8th, 2021

Louis Vuitton vs Gaurav Bhatia & Ors on 23 May, 2017

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2. The case of the plaintiff in brief is that it is registered company

existing under the laws of France and having its registered office at 2, rues

du Pont-Neuf, 75001- Paris, France. Col. J.K. Sharma (Retired) is the

authorized person representing the plaintiff under a Power of Attorney. It is

submitted that the plaintiff-company was founded by Mr Louis Vuitton and

CS(COMM) No.89/2017 Page 1
that it has a reputation of producing lifestyle goods having a distinctive

design and exclusive craftsmanship which looks elegant and high style.

They are specialized in the production and distribution of higher quality of

luggage, hand bags, travel and fashion accessories for men and women,

including ready to wear, shoes and jewellery. They maintain strict quality,

control and have exclusive retail network. Their distribution is through a

limited network of more than 460 exclusive stores located in selected cities

upon the work. They only sell their products through these exclusive stores

and outlets and their goods are available only at retain prices fixed by the

plaintiff. The plaintiff opened its first exclusive store in India in 2003 at

Oberoi Hotel in New Delhi and now they have stores one each in New

Delhi, Bangalore and Chennai and two in Mumbai. These are the only 5

places where they sell their products. The plaintiffs spent a huge sum in

advertisement of their products in India and their product has widespread

recognition in India. Their net sale in India during the period 2007-2010 was

approximately Rs. 213 crores. Their brand name LOUIS VUITTON was

ranked No.17 by survey conducted in Interbrand in 2012 and is considered

top fashion design. It is also a trademark and its initial in an intertwined

manner is also a trademark since 1854 which appears on number of its

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products and is a signature symbol of the plaintiff. It also uses a canvas

design with a flower pattern and intertwined initials of Louis Vuitton (LV)

and this pattern is emblematic symbol of the plaintiff. The design is known

as “Toile Monogram” and it is a registered trademark of the plaintiff. It

introduced 33 different colours called the “Murakami Monogram

Multicolour as variation to “Toile Monogram” and enjoys copyright over the

said pattern which is an artistic work and is registered under No. VAI-250-

120 with the Copyright Office of the United States of America. Its

registration numbers in India in classes 3,14, 18 and 25 are 441451, 448229,

441452, 448230, 448231, 441453, 448233, 448235, 448234 and 861145.

Source: Indian Kanoon

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