LOUIS VUITTON MALLETIER Vs. IQBAL SINGH

JUDGEMENT

(1.) The present suit filed by the Plaintiff is for permanent injunction restraining infringement of its trademark, passing off, dilution, rendition of accounts of profits, damages and delivery up. The suit was originally filed as a regular suit and was registered as a commercial suit vide order dated 7th February 2018. Proceedings in the suit.

(2.) On 2nd December 2011, the summons in the suit were directed to be issued and also an ex-parte ad interim injunction was granted in favour of the Plaintiff and against the Defendant. On service of summons, Defendants appeared and filed written statement on 30th September 2013 along with application seeking condonation of delay in filing the written statement. The delay was condoned subject to cost. Thereafter, proceedings continued before the Joint Registrar. The admission/denial of the documents could not be completed. Nonetheless, when the matter was placed before the Court, issues were framed vide order dated 6th January 2014 to the following effect:-

(3.) The parties were referred to Delhi High Court Mediation and Conciliation Centre, to explore a possibility of settlement. However, mediation failed and resultantly, Court Commissioner was appointed for recording of the evidence in the suit. Subsequently, an application under Order VII Rule 14 was filed by the Plaintiff for bringing on record certain documents that were not filed along with the plaint. When the notice of the said application was served on the Defendant's counsel, he informed the Court that the Defendants were not in touch with him and were also not responding to his communications. The aforenoted application was allowed and the documents were taken on record subject to payment of cost. That stage onwards, the Defendants stopped appearing in the matter and the records reveal that there has been no appearance on their behalf after 10th February 2015. The evidence of the Plaintiff was recorded ex-parte. The Plaintiff examined Shri Nikhil Radhakrishnan (PW-1) as it's witness and exhibited documents PW-1/1- PW-1/56. After completion of evidence, the matter was placed before Court for further orders. Noting the absence of the Defendants on several dates, the Defendants were proceeded ex- parte vide order dated 13th March 2019 and Plaintiff's arguments were heard. Brief Facts