RFA (OS)(COMM)
13/2018 & CM 29064/2018
PARTIES
The Plaintiff (appellant) Christian Louboutin
Sas is a manufacturing company bearing a 'Red
sole' trademark.
The defendants Abu Baker are
associated with the similar business and carrying on its business
at two outlets in Mumbai. The defendant no.3/entity M/s Veronica is
owned by the defendant nos.1 and 2.
BRIEF FACTS
The Plaintiff's, "RED SOLE" trademark has been
registered in Clause 25 with No. 1922048 in respect of the shoes,
except orthopaedic footwear, with the sole condition and disclaimer
that "the mark shall be limited to the colour
"Red".
The plaintiff conducted a market survey and found out that, the
defendants use plaintiff's "Red Sole" trademark on
its ladies shoes. Thus, the plaintiff filled a suit against
defendant for a permanent injunction to restrain the Defendants
from infringing the Plaintiff‟s trademark, passing off,
unfair competition, dilution and tarnishment, apart from
