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Club Factory app is one of the 59 Chinese apps banned by the Government of India.
The Delhi High Court has issued summons in a suit by luxury fashion brand Louis Vuitton Malletier against Chinese retailer Club Factory, seeking to restrain the sale of any goods with the former's logo/trademark on the latter's platforms. (Louis Vuitton Malletier vs Futuretimes Technology India Pvt Ltd)
A single Judge Bench of Justice V Kameswar Rao has given a period of 30 days to the owner of Club Factory, Futuretimes Technology to file its written statement to the suit.
Club Factory app is one of the 59 Chinese apps banned by the Government of India on the basis that the apps engaged in activities which are prejudicial to sovereignty and integrity of India, defence of India, security of state and public order.
During the pendency of the suit, Louis Vuitton has also prayed for the grant of an interim injunction restraining Club Factory or its partners, agents, distributors etc from importing, manufacturing, warehousing, selling and/or offering for sale or advertising, directly or indirectly, any goods, including facemasks, which bear Louis Vuitton's registered trademarks.
These marks include “LOUIS VUITTON”, “LV” logo, Toile monogram pattern, Damier pattern and/or LV Flower pattern or any similar trademark which may amount to an infringement of the registered trademarks.
It is prayed that the sale of such infringing products should be barred on all Club Factory platforms whatsoever, including the website www.clubfactory.com, mobile apps and social media platforms.
Louis Vuitton has also sought a direction to immediately suspend the weblinks which advertise and/or offer for sale the infringing products.
Counsel for Club Factory stated that on being notified about the URL on which the infringing products are hosted, the retailer shall itself remove the links to the infringing products in accordance with policy which is in conformity with the Information Technology Act.
The Court has issued notice in the application for interim relief in the matter and has directed Club Factory to file its reply within two weeks.
The matter would be heard next on August 13.
Louis Vuitton was represented by Advocates Anand & Anand lawyers Dhruv Anand, Udita Patro, Kavya Mammen, Sampurnaa Sanyal.
Club Factory was represented by Senior Advocate C.M. Lall with Advocates Ankur Sangal, Ajay Bhargava, Atul Pandey, Aseem Chaturvedi, Sucheta Roy, Shiva Tokas.
Read the Order: