Louis Vuitton Malletier v Sonya Valentine Pty Ltd

This proceeding was commenced by Louis Vuitton Malletier against Sonya Valentine Pty Ltd for alleged trademark infringement, passing off and misleading or deceptive conduct under the Australian Consumer Law. Sonya Valentine Pty Ltd was found in default under r 5.23(2) of the Federal Court Rules 2011 for failure to comply with court orders, including attending mediation and providing affidavits. The court found that a Fast Track Statement is not a "statement of claim" within the meaning of r 5.23(2)(c) and that a declaration was appropriate as relief for trademark infringement under the Trade Marks Act 1995. The court also found that the respondent's use of the "LOUIS V" and "flower symbol" marks on sunglasses was misleading under the Australian Consumer Law and granted an injunction against the respondent's use of those marks and representations. The court ordered the delivery up of sunglasses displaying the "flower symbol" and made procedural orders to facilitate the assessment of damages.