CHRISTIAN LOUBOUTIN SAS Vs. PAWAN KUMAR & ORS

JUDGEMENT

(1.) In the suit plaintiff prays for the following reliefs:

(2.) Summons in the suit were issued to the defendants vide order dated 2nd June, 2016 and an interim order was granted in favour of the plaintiffs and against the defendants restraining them from manufacturing, selling, offering for sale or directly/indirectly dealing in footwear, including ladies shoes or any other goods bearing the plaintiff's registered trademark for the "RED SOLE" or any other mark which is identical or deceptively similar to the plaintiff's aforesaid trademark. Despite service, none appeared on behalf of defendant nos. 1 to 3, thus, they were proceeded ex-parte vide order dated 10th April, 2017. Though defendant no. 4 and 5 had filed their written statement, since none appeared on their behalf, they were also proceeded ex- parte vide order dated 10th April, 2017.

(3.) It is the case of the plaintiff that plaintiff is a company incorporated under the laws of France having its registered office at 19 Rue Jean- Jacques, Rousseau, Paris 75001. The plaintiff company derived its name from Mr. Christian Louboutin, famous designer of high end luxury products known for his signature "RED SOLE" high heeled shoes. Mr. Christian Louboutin opened his first shop in Paris in the year 1991. He was pivotal in bringing stilettos back into fashion in 1990s and into the 2000s. Plaintiff company has gained immense international recognition for its luxury fashion products.