CHRISTIAN LOUBOUTIN SAS Vs. ABUBAKER & ORS

JUDGEMENT

(1.) The plaintiff company Christian Louboutin SAS has filed this suit seeking reliefs of injunction against the infringement of its trademark, passing off, damages etc. Plaintiff has sought the reliefs as prayed for in the suit, vide para 54 (a) of the plaint, by pleading exclusive ownership of its registered trademarks "RED SOLE" under the registration nos.1922048, 2341890 and 2341891 granted by the Registrar of Trademarks. The registration granted, and with respect to which reliefs are claimed in the suit, being "RED SOLE" is not a wordmark but it is literally a red colour shade applied to the soles of the ladies footwear manufactured by the plaintiff.

(2.) The relevant registrations with respect to which plaintiff claims exclusive ownership are contained in para 20 of the plaint and this para is scanned below:-

(3.) The plaintiff pleads that the defendants are carrying on its business at two outlets located at Mumbai. The defendant no.3/entity M/s Veronica is owned by the defendant nos.1 and 2. Since the defendants are selling shoes by colouring red the soles of their shoes, therefore it is the case of the plaintiff that there results infringement of the registered trademarks of the plaintiff being red colour applied to the soles of the ladies footwear as stated in paras 20 and 21 of the plaint read with para 54(a) prayer clause. Plaintiff also pleads that defendants are passing off their footwear as that of the plaintiff because of use of the red colour in the soles of the ladies footwear sold by the defendants and that there is passing off, notwithstanding that the defendants trademark for its shoes is a wordmark VERONICA. These aspects with respect to the infringement by the defendants and comparison to the trademarks of the plaintiff, as also the aspect of passing off is stated by the plaintiff in paras 35(iv) & 35(v) of the plaint, and which paras read as under:-