Louis Vuitton Malletier S A v D & L Design Pty Ltd [2003] FCA 475

Louis Vuitton Malletier S A v D & L Design Pty Ltd [2003] FCA 475

Respondents admitted importing and selling handbags bearing marks or styles substantially identical with or deceptively similar to the applicants' registered and unregistered trade marks and styles, misleading consumers as to origin or affiliation, constituting trade mark infringement, passing off and contraventions of ss 52 and 53(c) of the Trade Practices Act. In view of the extent of the infringing conduct, its commercial context, and absence of credible evidence of true innocence or lack of knowledge, declarations, permanent injunctions, and orders for delivery up, discovery, and damages/accounting of profits were warranted and appropriate under the Trade Marks Act and Trade Practices...

Jurisdiction
Australia
Judgment Date
16 May 2003
Procedural Posture
Civil / Summary Judgment
Outcome
Summary judgment for the applicants. Declarations, injunctions, orders for delivery up, damages/account of profits, discovery, and costs ordered. Assessment of damages/account of profits adjourned.
Legal Topics
['trade Mark Infringement' 'passing Off' 'misleading and Deceptive Conduct' 'false Representations']
['intellectual Property' 'consumer Law' 'tort'] ['trade Mark Infringement' 'passing Off' 'misleading and Deceptive Conduct' 'false Representations']

Case Brief

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Procedural Posture

Civil / Summary Judgment

Legal Issues

  1. 1 ["Whether respondents infringed the applicants' registered trade marks under s 120 of the Trade Marks Act 1995 (Cth)" 'Whether respondents engaged in misleading and deceptive conduct in contravention of s 52 of the Trade Practices Act 1974 (Cth)' 'Whether respondents made false representations in contravention of s 53(c) of the Trade Practices Act 1974 (Cth)' "Whether respondents committed passing off by selling handbags misleadingly associated with the applicants' marks or styles" 'Whether declarations, injunctions, and damages/account of profits should be granted']

Ratio Decidendi

Respondents admitted importing and selling handbags bearing marks or styles substantially identical with or deceptively similar to the applicants' registered and unregistered trade marks and styles, misleading consumers as to origin or affiliation, constituting trade mark infringement, passing off and contraventions of ss 52 and 53(c) of the Trade Practices Act. In view of the extent of the infringing conduct, its commercial context, and absence of credible evidence of true innocence or lack of knowledge, declarations, permanent injunctions, and orders for delivery up, discovery, and damages/accounting of profits were warranted and appropriate under the Trade Marks Act and Trade Practices...

Court Disposition

Summary judgment for the applicants. Declarations, injunctions, orders for delivery up, damages/account of profits, discovery, and costs ordered. Assessment of damages/account of profits adjourned.

Orders

  • ['Summary judgment for applicants' 'Declarations of infringement, passing off, and misleading conduct under Trade Marks Act and Trade Practices Act' "Permanent injunctions restraining respondents from infringing applicants' trade marks and styles" 'Orders for delivery up and destruction of infringing goods and...