New Delhi: The Delhi High Court has delivered a significant order disposing of a copyright infringement suit filed by luxury brand Louis Vuitton against an online retailer, awarding Rs. 5 lakhs in costs to the French company.
In an order passed on August 21, 2024, Justice Mini Pushkarna issued directions to resolve the dispute between Louis Vuitton Malletier and www.haute24.co over the unauthorized use of photographs and images.
The court noted that Louis Vuitton had filed the suit alleging that the defendants were using unauthorized photographs and images on their website to sell products, thereby infringing Louis Vuitton’s copyright. The defendants submitted that they had been selling genuine Louis Vuitton products, including new and certified pre-owned items, and had already removed the objectionable photographs from their website.
Expressing its view on the matter, the court stated: “This Court notes that the issue regarding the genuineness of the products dealt with by the defendants is not an issue before this Court. The only issue in the present suit is with respect to the photographs and images that have been used by the defendants, the copyright of which vests with the plaintiff.”
Justice Pushkarna issued several key directions, including restraining the defendants from using Louis Vuitton’s copyrighted materials and prohibiting them from selling new Louis Vuitton products without written permission. The court allowed the defendants to continue selling certified pre-owned Louis Vuitton goods but mandated clear disclosure of this on their website.
Crucially, the court ordered the defendants to pay costs of ₹5,00,000 (5 lakhs) directly to Louis Vuitton in France. The judge noted: “This direction is being issued since it is the prayer of the plaintiff that the costs payable by the defendants be paid directly to the plaintiff in France.”
Additionally, the court directed that 50% of the court fees be refunded to Louis Vuitton, as the matter was resolved without a full trial.
In conclusion, the court disposed of the suit along with all pending applications.
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