Delhi HC directs Kamla Nagar vendors to pay 20 lakh for selling Louboutinknock-offs

Delhi HC directs Kamla Nagar vendors to pay 20 lakh for selling Louboutinknock-offs

Red Sole

The Delhi High Court on July 31 passed a decree in favour of international shoemaker Christian Louboutin, directing vendors in the capital’s Kamla Nagar area to pay Rs. 20 lakh in damages for selling fake shoes bearing the Red Sole trademark.

The signature Red Sole used by Louboutin in his high heel stilettos was earlier held by the High Court to be a well-known trademark. The same was held in a suit filed against vendors in Delhi’s Karol Bagh market.

In a similar suit filed against vendors in Kamla Nagar, Louboutin (plaintiff) claimed punitive damages for the obvious and willful infringement of his trademark. The plaintiff company was represented by a team from Anand & Anand headed by Managing Partner Pravin Anand, who was assisted by advocates Rashi Punia and Shamim Nooreyezdan.

Having agreed with plaintiff’s argument, Justice Yogesh Khanna found that the defendants’ adoption and using of counterfeit registered trademark, trade dress, and deceptively similar domain name, unequivocally amounts to the infringement of the plaintiff’s registered domain name, trademark, trade dress etc. and amounts to passing off of their goods.

In this light, Justice Khanna passed an ex parte order restraining the defendants and their partners from manufacturing, selling and advertising footwear bearing the Louboutin trade name and the registered Red Sole trademark.

The Court also directed the defendants to hand over all finished and unfinished materials bearing the Louboutin name and mark to the plaintiff for the purpose of destruction.

It was further noted in the order,

“The plaintiffs have also suffered immense loss to goodwill and reputation and hence are entitled to a grant of damages not only in terms of compensatory damages but also in the form of punitive damages.”

It was pointed out by the counsel for the plaintiff that the profit earned by the defendants through the sale of such shoes amounted to upwards of Rs. 1 crore.

Taking this into account, as also the mala fide conduct of the defendants, the Court passed a decree for a sum of Rs. 20 lakh in favour of Louboutin. The defendants are also liable to pay interest at 10% per annum on the damages so awarded from the date of filing of the suit till the date of realization. The costs of the suit are also awarded to the plaintiff.

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