Delhi High Court orders local store to pay damages up to Rs 20 lakh for selling fake Louboutins

Earlier this week, a Kamla Nagar-based shoe seller was ordered by the Delhi High Court to pay Rs 20 lakh for selling Christian Louboutin counterfeits. The offenders are also liable to pay interest at 10 percent per annum on the damages awarded from the date of filing of the suit till the date of realisation.

Interestingly, Christian Louboutin had first designed his trademark red sole shoe in 1993, using an assistant's red nail polish and since then, it has been a unique feature of Louboutins.

Justice Yogesh Khanna in his order said, “The plaintiff (Christian Louboutin) has filed this suit for permanent injunction, infringement of trademark, passing off, damages, rendition of accounts against the defendants. The plaintiff’s, RED SOLE trademark, is applied to the outsole of a shoe, is unique in its own accord and became known in the world of fashion only after being introduced by the Plaintiff herein. The trademark, being an innovation of the plaintiff, is used and known only in relation to the plaintiff and goods of the plaintiff only.”

Christian Louboutin according to the order has also suffered immense loss to goodwill and reputation and hence are entitled to a grant of damages not only in terms of compensatory damages but also in the form of punitive damages.

According to the counsel for the plaintif, the shoe seller has made profits to the tune of Rs 1 crore and above from the sale of red sole shoes.

The court has further directed the defendants to destruct all finished and unfinished materials and accessories, packaging, labels, dies, blocks, stationery and other material bearing any of the French luxury brand’s trademark.

According to the Authentication Solution Providers’ Association (ASPA), the market for counterfeits in India has grown steadily and is worth upwards of Rs 40,000 crore approximately.