Bengaluru Court temporarily restrains Samsung India from using registered trademark ‘Concierge’

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Pankaj Bajpai

Bengaluru, July 23, 2021: A Bengaluru Court has passed an interim order restraining Samsung India from using the registered trademark ‘Concierge’.

The Court noted that though there is a prima facie case against the defendants for it to pass an ex-parte injunction order, the defendants ought to be heard prior to the same. Hence, the Court passed an ad-interim injunction order. 

Going by the background of the case, the plaintiffs had sued Samsung India and Story Experiences Private Limited for infringing their duly registered and owned trademark ‘Concierge’. 

Claiming that she was the first person to introduce Concierge services in India, the Plaintiff 1 canvassed the fact that she is the single largest shareholder and director of Plaintiff No.2 & 3 companies who are providing Concierge service through their various loyalty program business model. 

It was also solicited that after getting the trademark ‘concierge’ registered, which she was using since 1998, she licensed the trademark to plaintiff No.2 & 3. 

It was submitted that plaintiff No.3 was providing services to defendant No.1, through service agreements. When the plaintiff No.3 & defendant No.1 were in talks as to renewal of the service agreements, the defendant No.1 has appointed 2nd defendant to carry out the services rendered by the plaintiff No.3. 

Pointing out that defendant No.2 used and circulated the pamphlets and brochure on behalf of the 1st defendant to all dealers/retailers using the mark concierge, despite knowing that the marks belongs to the plaintiffs, it was argued that the same caused confusion among the customers as to the services offered by the plaintiffs. 

It was the case of the plaintiffs that the defendant No.2 is trying to piggy back upon the goodwill and reputation of the plaintiffs as well as diluting and tarnishing the image.

Thus, noticing the alleged adoption by the defendants, the civil court concluded that a prima facie case is made against defendant No.2, and hence passed an ex-parte injunction order.

“Issue ex parte ad-interim injunction against the defendant No.2 restraining the defendant No.2, their agents, servants or any persons claiming through or under them in any manner whatsoever, whether directly or indirectly, from illegally using the mark ‘CONCIERGE’ belonging to the plaintiff No.1, till next date of hearing”, the City Civil Court at Bengaluru stated. 

The Court then listed the matter for next hearing on August 5, 2021.

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