Internationally-acclaimed French fashion house, Christian Dior Couture, got a relief as the Delhi high court restrained a reputed showroom from plagiarising its brand name to sell designer clothes.
"The plaintiff (Christian Dior) makes out a prima facie case for the grant of ex-parte ad interim injunction," Justice C K Mahajan said on the allegation by French company that the use of brand name 'Christian Dior' by Delhi-based Deepsons department store amounts to infringement of its registered trademark.
Christian Dior through its counsel Manmohan Singh had alleged that the showroom with its outlet in a prominent market in the capital was selling counterfeit products by misrepresenting to the buyers that the designer clothes originate from the house of the French fashion group whose brand name is associated with upmarket luxury image by the customers world wide.
Granting relief to the French company, the court observed, "If the defendant (Deepsons) is permitted to sell the goods under the alleged trade mark, which is identical and deceptively similar to that of the plaintiff (Christian Dior), it shall suffer irreparable loss and injury which cannot be compensated in terms of money".
"Accordingly, the defendants are restrained from manufacturing, selling, marketing and exporting the readymade garments bearing the mark Christian Dior or any other mark, which is identical or deceptively similar to the plantiff's trade mark till the next date of hearing," the court said issuing notice to the showroom and listing the matter for hearing on October 31.
The court also appointed local commissioners to raid the premises of the department stores which, according to advocate Manmohan Singh, were found infringing goods bearing the mark 'Christian Dior', and to prepare an inventory of them.
While seeking injunction, the French company, also involved in making luxurious watches and jewellery products under the same brand, submitted that the local sellers were misrepresenting the luxury clothes by copying the packaging box for shirts bearing the mark Christian Dior Monsieur.
The french word 'Monsieur' denoting 'Men/Mr' has been used purposely to give an impression of original Christian Dior shirts and establish a French connection, the counsel alleged.
Alleging that the local proprietor was using the impugned brand to encash on the goodwill of the reputed fashion house, the counsel said Christian Dior has not given any consent and authority or licence to use the said trademark to any entity.
The activities of the popular showroom amount to unfair competitdion, Singh said.
