Bengaluru Court passes interim order restraining Samsung India from using registered trademark "Concierge"

A Bengaluru Court recently passed an interim order restraining Samsung India from using the registered trademark "Concierge"..“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,” reads the ex-parte order by the City Civil Court at Bengaluru..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..The matter will be heard next on August 5, 2021..Lesconcierges Services Pvt. Ltd. and Club Concierge Services (India) Pvt. Ltd. along with their founder Dipali Sikand had sued Samsung India and Story Experiences Private Limited for infringement over the trademark “Concierge”, which is duly registered and owned by Sikand..Sikand, who claims to be the first person to introduce concierge services in India, claims that Samsung India, through Story Experiences Private Limited, had misused the trademark “Concierge” in various brochures, publicity material, advertisements etc, in relation to the President’s Club, which is a loyalty program for dealers and distributors of Samsung..It was further argued that the defendant No.2 (Story Experiences) was trying to piggyback upon the goodwill and reputation of the plaintiffs. This apart, it was claimed that the defendants were diluting and tarnishing the image of the plaintiffs..The plaintiffs were represented by Partner at Spectrum Legal Chintan Chinnappa, who was assisted by Anandi Kamani and Vishaka Nikkam..[Read order]