Phillips Ormonde Fitzpatrick Lawyers recently successfully acted for Louis Vuitton Malletier (Louis Vuitton) against Sonya Valentine Pty Ltd (Sonya Valentine), a local importer and distributor of various goods imported from China including sunglasses.

Background

The proceeding was commenced in the Fast Track List of the Federal Court of Australia, after Louis Vuitton became aware of the importation and sale by Sonya Valentine of sunglasses bearing the expression 'LOUIS V', in some instances together with 'EYEWEAR EST. 1941 PARIS', and other sunglasses bearing a flower symbol, examples of which are shown below:

Louis Vuitton claimed that the use of either the term 'LOUIS V' or the flower symbol on sunglasses was an infringement of its Australian Trade Mark registrations for LOUIS VUITTON or , and that the sale and supply of such sunglasses in Australia was a breach of the Australian Consumer Law.

Sonya Valentine failed to comply with various court orders, and Louis Vuitton filed an interlocutory application seeking judgment against Sonya Valentine in default.

Australian Consumer Law

Justice Jessup held that in light of Louis Vuitton's reputation, a consumer would be misled into thinking the Sonya Valentine's 'LOUIS V' or flower symbol sunglasses were either those of Louis Vuitton, or somehow associated with Louis Vuitton.

Justice Jessup therefore held that Sonya Valentine's use of 'LOUIS V' and the flower symbol was misleading conduct or a misleading representation in breach of the Australian Consumer Law.

His Honour also found that the expression 'EYEWEAR EST. 1941 PARIS' found on some of the sunglasses was a false representation and a breach of the Australian Consumer Law on the basis that Sonya Valentine has filed no evidence that the sunglasses (manufactured in China) were connected with Paris in any way.

Trade mark infringement

Justice Jessup accepted that the flower symbol as used by Sonya Valentine was deceptively similar to Louis Vuitton's trade mark registration but was not persuaded on the evidence that the mark 'LOUIS V' was deceptively similar to 'LOUIS VUITTON'.

Relief

Louis Vuitton was successful in obtaining extensive injunctions preventing the sale of the 'LOUIS V' and flower symbol trade marks, as well as pecuniary remedies and costs against Sonya Valentine.

The court also made a declaration that by the importation, offering for sale and sale of sunglasses bearing the flower symbol, Sonya Valentine has used the flower symbol as a trade mark and infringed Louis Vuitton's Australian registered trade mark No 1047186 for .

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