Louis Vuitton Malletier v. Futuretimes Technology India Pvt. Ltd. & Ors.
In the High Court of Delhi
CS(COMM) 222/2020 and I.A. 3002/2022
Before Justice Prathiba M. Singh
Decided on March 24, 2022

Relevancy of the case: Permanent injunction against an e-commerce platform for selling unauthorised products

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 69A)

Relevant Facts of the Case

• In an earlier petition, the court had ordered the defendant (www.clubfactory.com) to remove content dealing particularly (specific URLs) with Louis Vuitton products from their website on the grounds of copyright infringement. 
• However, the website merely masked these URLs and continued to keep them visible.
• The Ministry of Electronic and Information Technology (MEITY) has suspended the defendant’s website for separate reasons after the lockdown.

Prominent Arguments by the Advocates 

• The plaintiff’s counsel contended that the defendants are overall indulging in the sale of unauthorised products having petitioner’s marks on www.clubfactory.com. Therefore, they are violating copyrights and other device marks of the Louis Vuitton mark.

Opinion of the Bench

• These URLs have continued to violate an earlier order passed by the court. They should be removed once and for all.
• The bench granted a permanent injunction against using the Louis Vuitton brand name, logo, and products on the website.
• Further, the court instructed the Department of Telecommunications (DoT) & MEITY to issue directions to ISPs to block the clubfactory.com website.

Final Decision

• The court disposed of the petition.

Parul Anand, an undergraduate student at the National Law University, Jodhpur, prepared this case summary during her internship with The Cyber Blog India in May/June 2022.