Court Orders Instagram Seller To Pay Louis Vuitton Over RM1.57 Million For Fake LV Products
The Court of Appeal more than doubled the original damages awarded to Louis Vuitton after finding the seller continued advertising and selling counterfeit LV products on Instagram despite an injunction.
Cover image via elitigation.sg
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An Instagram seller who marketed counterfeit Louis Vuitton products as "authentic vintage" and "upcycled" luxury items has been ordered to pay the fashion house SGD510,000 (RM 1,577,135) after Singapore's highest court ruled the earlier damages award too low
In a judgment issued on 6 May, the Court of Appeal more than doubled the original SGD200,000 (RM618,484) award granted to Louis Vuitton Malletier (LVM), describing the Instagram seller's conduct as "highly flagrant" and accusing him of showing "blatant disregard for the law".
The case involved Ng Hoe Seng, who operated Instagram stores under the handles @emcase_sg and later @emcrafts_sg, where he sold products such as phone cases, passport covers, watch straps, card holders, and pouches bearing Louis Vuitton branding.
According to the judgment, Ng claimed the items were made using "authentic vintage 2nd hand materials" and marketed them as "upcycled" luxury goods with "authenticity guaranteed"
However, Louis Vuitton conducted trap purchases in 2022 and 2023, with laboratory testing later finding that at least some of the materials used were not genuine Louis Vuitton products.
The court heard that Ng continued advertising and selling the products even after Louis Vuitton obtained an injunction against him. He allegedly shifted operations to another Instagram account and made it private after legal action began.
The judges said his conduct showed he was a "recalcitrant violator who showed no respect for court orders".
At least 121 instances of trademark infringement were identified across nine categories of products, including phone cases, key cases, pouches, watch straps, card wallets, passport covers, phone bags, spectacle cases, and cigarette cases.
The Court of Appeal ultimately rejected Louis Vuitton's argument that damages should be calculated separately for every infringed trademark, which could have pushed the potential payout into the millions.
Instead, the court ruled that statutory damages should be assessed based on each category of counterfeit goods sold, regardless of how many trademarks appeared on each product.
Still, the judges agreed that the original SDG200,000 award was "wholly inadequate", especially given Ng's continued sales activity, evasive behaviour, and use of Instagram to expand his reach.
One of the LV phone cases as sold by Ng under the handle, @emcase_sg.
Image via IGThe court noted that social media allowed the seller to "reach a larger audience at a lower cost", while also pointing to the use of influencers under a group called "EmCollabFam" to promote the counterfeit products online
Under the revised ruling, damages were increased to:
- SGD70,000 each for phone cases, key cases, and pouches/purses
- SGD60,000 each for watch straps and card wallets/holders
- SGD50,000 each for passport covers, phone bags, and spectacle cases
- SGD30,000 for cigarette cases
This brought the total damages awarded to Louis Vuitton to SGD510,000, with Ng also ordered to pay an additional SGD40,000 in legal costs.
