Delhi HC Orders Blocking Of Website Using Photos Of Luxury Brand Louis Vuitton In Copyright Infringement Case
The Delhi High Court has ordered to block a website that had copied the photographs of Luxury Brand Louis Vuitton without its permission.
Justice C. Hari Shankar observed that the plaintiff- Louis Vuitton has made a clear prima facie case of copyright infringement and held that it is entitled to ex parte ad interim relief so that such infringement does not continue.
It was the case of plaintiff- Louis Vuitton that copyrighted photographs of the plaintiff were being misused by Defendants 1 and 2 to sell their products, on a website.
The plaint, alleges that Defendants 1 and 2 have copied the plaintiff's photographs and have, therefore, infringed its copyright without its permission.
It is further asserted that Defendants 1 and 2 do not have any commercial relationship with the plaintiff or any authorisation from the plaintiff to use or publish the aforesaid photographs.
In that view of the matter, the plaint sought a decree of permanent injunction against Defendants 1 and 2 and their agents, servants, etc. from reproducing, copying or publishing, via the website or through any other medium, the allegedly infringing photographs or any other work which would infringe the plaintiff's copyright.
Advocates Anirudha Valsangka and Rishika Aggarwal appeared for the plaintiff.
The Court noted that "The plaintiff has made out a clear prima facie case of copyright infringement. As such, it would be entitled to ex parte ad interim relief so that such infringement does not continue."
Thus the Court ordered thus "..let the plaint be registered as a suit. Issue summons in the suit. Written statement, accompanied by affidavit of admission and denial of the documents filed by the plaintiff, be filed within four weeks, with advance copy to learned Counsel for the plaintiff who may file replication thereto, written statement, accompanied by affidavit of admission and denial of the documents filed by the defendants, be filed within four weeks thereof."
The Court directed blocking of the alleged infringing website.
Cause Title- Louis Vuitton Malletier v. www.haute24.com & Ors.