Defendant Shweta Agrawal Restrained from Using "LAVIE LUXURY" Trademark; Court Orders Seizure of Infringing Goods
In a significant development, the Bombay High Court, under the bench of Justice Madhav J. Jamdar, has granted an ad-interim injunction to Bagzone Lifestyles Pvt. Ltd., restraining the defendant, Shweta Agrawal, from using the trademark "LAVIE LUXURY." The Court's decision comes in response to a suit filed by Bagzone, alleging infringement of its registered trademarks "LAVIE," "LAVIE LUXE," and "LAVIE SPORT."
The plaintiff, Bagzone Lifestyles Pvt. Ltd., a well-established company in the luxury goods sector, argued that the defendant was using a trademark deceptively similar to its registered marks. Despite being served, the defendant failed to appear in court or file any reply to the interim application, leading the court to proceed with the hearing unopposed.
Justice Jamdar noted that the trademark "LAVIE LUXURY" used by the defendant was identical or deceptively similar to the plaintiff's registered trademarks, thus warranting the ad-interim injunction. The court has prohibited the defendant from using the impugned trademark and the domain name "https://www.lavieluxury.in" in any form related to perfumes, colognes, or similar goods.
In an extensive order, the court appointed a Court Receiver and authorized the appointment of Additional Special Receivers to search and seize infringing materials from the defendant's premises in Agra, Uttar Pradesh. The Receivers have been granted powers under Order XL Rule 1 and Order XXXIX Rule 7 of the Civil Procedure Code, 1908, including the authority to break locks and seek police assistance if necessary.
The court further directed the defendant to disclose revenue generated under the impugned trademark and hand over infringing goods for destruction. The ad-interim relief will remain in effect until the next hearing date set for 23rd September 2026.
Bottom line:-
Ad-interim injunction granted to restrain the defendant from using a trade mark deceptively similar to the plaintiff's registered trade mark, with court-appointed receivers authorized to seize and seal infringing goods and take necessary action for enforcement.
Statutory provision(s): Trade Marks Act, 1999 Section 29, Civil Procedure Code, 1908 - Order XL Rule 1, Order XXXIX Rule 7, Trade Marks Act, 1999 Section 135
Bagzone Lifestyles Pvt. Ltd. v. Shweta Agrawal, (Bombay) : Law Finder Doc id # 2941396
