Permanent Injunction has been granted against 'Club Factory', by orders of the Delhi High Court. This China based portal was banned by the Indian Government amidst the Covid-19 pandemic, surrounding a trademark infringement suit that was filed by yet another luxury brand 'Louis Vuitton'. The Order was passed by the Single bench of Justice Pratibha M Singh.
Justice Pratibha M Singh vide her restraining order has directed owners of www.clubfactory.com to abstain from manufacturing, selling, offering for sale directly or indirectly any goods including face masks etc., bearing the registered marks of Louis Vuitton on its portal or any other portal run by them.
The Court also directed the Department of Telecommunications (DoT) and Ministry of Electronic and Information Technology (MeiTY) to issue instructions to all internet service providers to block the website www.clubfactory.com so that the link of the same cannot be accessed even through VPN or other platforms. The matter arose upon the case of the Plaintiff wherein it was contented that the defendants i.e. 'Club Factory' through its website were indulging in the sale of unauthorized products having its marks on the website, thereby violating rights in Louis Vuitton mark and various other device marks.
An application was filed by Defendants' counsels seeking discharge in the matter as after being blocked by the Indian Government, they had stopped getting instructions in the matter. On 3rd July, 2020 an undertaking was given by the Defendants that upon being notified, the URLs on which the infringing products are hoisted would be removed.
"Accordingly, having seen the products being made available on the Defendants portal despite the undertaking given to the Court which clearly contain the use of the various device and word marks of the Plaintiff, a permanent injunction restraining the Defendants from, in any manner, manufacturing, selling, offering for sale directly or indirectly any goods including face masks etc., bearing the following registered marks of Louis Vuitton on its portal www.clubfactory.com or any other portal run by the Defendants is granted," the Court ordered.
Title: LOUIS VUITTON MALLETIER v. FUTURETIMES TECHNOLOGY INDIA PRIVATE LIMITED & ORS.
