The single-bench judge of Justice V. Kameswar Rao gives a period of 30 days to the owner of Club Factory to file the written statement to the suit. The owner of Club Factory was a party to the defendant. This case comes after the Government of India banned the Club Factory app. The ban was due to security reasons and tensions at the India-China border.
Brief Facts of the Case
The plaintiff filed an application to restrain the defendant from importing, manufacturing, selling, or advertising, in any manner. It was with regards to goods bearing the registered trademarks “LOUIS VUITTON”, “LV” logo or any other similar trademark. This reason behind is that the usage of such a registered trademark results in the infringement of the plaintiff’s trademark.
Arguments Before the Court
The learned counsel for the plaintiff sought permission of four weeks to file the extra documents from the date of resumption of the regular functioning of the Court. They prayed that there should be a ban on any form of sale of such products. Moreover, it should be removed from all Club Factory platforms including social media, mobile apps, and websites. They also filed an order directing the immediate suspension of various links to the defendant’s website. Upon notification, the URL on which the infringed products are hosted was removed. Further, the learned counsel appearing for the defendants submitted that the policy was in conformity with the IT Act.
The Delhi High Court granted the request of the plaintiff to exempt the filing of the requisite Court fees. The Court has directed the defendant to file the reply within two weeks. Thus, there was the issuance of summons in the suit against Club Factory. Consequently, it refrained it from using the registered trademark of the fashion brand Louis Vuitton.
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