Delhi High Court Grants Ex-Parte Injunction Against Unauthorized Use of 'Samsung' Trademark
Court Orders Suspension of Infringing Domains to Protect Samsung's Reputation and Consumer Interests
In a significant decision, the Delhi High Court has issued an ex-parte ad-interim injunction against several unauthorized websites infringing on the well-known trademark 'Samsung.' The judgment, delivered by Justice Tejas Karia, highlights the unauthorized use of the 'Samsung' trademark by certain websites, which were misleading consumers into believing they were associated with Samsung Electronics Co. Ltd., the global electronics giant.
Samsung Electronics Co. Ltd., along with its subsidiary, initiated legal proceedings against websites such as www.samsungservicecentrehyderabad.com, which were using the 'Samsung' name to deceive consumers and misrepresent themselves as authorized service centers. The court found that this unauthorized use caused confusion, potentially misleading consumers and harming Samsung's reputation.
The court noted that the 'Samsung' mark is recognized for its extensive reputation and trans-border goodwill. Samsung, a leader in consumer electronics and telecommunications, has been using the trademark since 1969, establishing a significant presence in India since 1995. The court recognized the potential damage to Samsung's goodwill and the risk of reputational harm due to these infringing activities.
In its order, the court directed the domain registrars of the infringing websites to lock, suspend, or disable access to these domains within 72 hours. The registrars are also required to provide details of domain issuance and payments in a sealed cover within four weeks. The injunction aims to prevent further misuse of the trademark and protect consumers from being misled by unauthorized entities.
The decision underscores the court's commitment to safeguarding intellectual property rights and protecting consumers from deceptive practices. The court emphasized the balance of convenience in favor of Samsung, given its well-established reputation and the potential irreparable harm from continued infringement.
As the case progresses, the court has scheduled the next hearing for January 28, 2026, allowing time for responses from the defendants and further deliberations.
Bottom Line:
Trade Mark Law - The unauthorized use of a well-known trademark, such as 'SAMSUNG', on infringing websites is deemed to cause confusion, deceive consumers, and result in reputational and financial harm to the trademark owner. The court granted an ex-parte ad-interim injunction to restrain such activities and directed domain registrars to suspend access to the infringing domains.
Statutory provision(s): Trade Marks Act, 1999 Section 29(4), Trade Marks Act, 1999 Section 2(1)(zg), Code of Civil Procedure, 1908 Order XXXIX Rule 1 and 2
