Temporary Injunction against Samsung India in Trademark Infringement Suit

The City Civil Court at Bengaluru recently ordered the technology giant Samsung India, and its service provider Story Experiences Pvt. Ltd., to temporarily restrain from using the trademark “Concierge”.

The suit was filed by Dipali Sikand, the founder of Lesconcierges Services Pvt. Ltd., and Club Concierge Services (India) Pvt. Ltd. She claimed that her company that first introduced concierge services in India, and had registered the trademark “Concierge” under various trademark classes like 35, 39, 41, 43, and 45. The plaintiff further claimed that she was engaged in providing concierge services to the defendant; however, after expiry of her initial engagement with Samsung India, Story Experiences was appointed to provide the services mentioned earlier to Samsung India. Story Experiences subsequently began to share pamphlets and brochures bearing the term “Concierge” to its prospective clients, which led to Sikand filing the case, alleging infringement of her trademark rights. She further argued that the defendant was taking undue advantage of the goodwill and reputation while also damaging her company’s image.

The Court was satisfied with the arguments advanced by the plaintiff of the alleged adoption of the trademark by the defendant.

The City Civil Court at Bangalore thus granted a temporary injunction against Samsung India and Story Experiences Pvt. Ltd. from illegally using the mark ‘CONCIERGE’ belonging to the plaintiff till the next hearing.

References:
1. https://www.bananaip.com/ip-news-center/latest-updates-on-trademark-law-1st-august-to-8th-august-2021/?print=pdf
2. Lesconcierges Services Private Limited v/s Samsung India Electronics Pvt. Ltd O.S NO. 3588/2021