LOUIS VUITTON MALLETIER Vs. ABDUL SALIM

JUDGEMENT

(1.) THIS suit has been filed for protection of rights in the trademark "louis Vuitton", trademark/logo "lv" and the "toile monogram" design.

(2.) THE plaintiff as the registered proprietor of the aforesaid marks/logo/monogram seeks order against the defendant No. 1 carrying on business as defendant No. 2 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 is also claimed restraining the said defendants from importing the aforesaid goods bearing the trademarks/logo/monogram of the plaintiff and from passing off the same as plaintiff's goods. The relief of delivery and of rendition of accounts and damages is also claimed. It is the case of the plaintiff that the Deputy Commissioner of Customs, mumbai had seized the contents of a container which had arrived at mumbai on 7th October, 2005, for the reasons of containing counterfeit goods of well known brands including of the plaintiff. The plaintiff on investigation found amongst the seized goods its counterfeit goods also. The Deputy Commissioner of Customs, mumbai has been impleaded as the defendant No. 3 in the suit. In the application for interim relief direction was sought against the defendant No. 3 for directing him to deliver the goods of the plaintiff.

(3.) THE defendant No. 3 did not appear in spite of service. The defendants No. 1 and 2 were reported to have left the address given in the plaint. The plaintiff furnished their fresh address. They could not be served there also. They were ultimately ordered to be served by publication and were so served. Neither of the defendants appeared and were proceeded against ex parte.