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No fresh agreement under 'smartclass' name: HC to Samsung- 18-Feb-2017
New Delhi: The Delhi High Court has restrained Samsung India from entering into any fresh agreements for providing education services under the name of 'smartclass' on Educomp Solutions' plea claiming the word is its trademark.
Justice Rajiv Sahai Endlaw, in an interim ex-parte order,restrained Samsung from entering into any fresh agreement to provide services under the name of 'Samsung Smartclass', a digital classroom concept in which education is imparted to students by using technology.
The court also issued notice to Samsung and sought its reply by February 21 to the plea of Educomp, which claims to be the largest education company in the country.
"Considering that the matter relates to education, it is deemed appropriate to, instead of issuing any ex-parte order, issue summons/notice for a short date. Till further orders, the defendants (Samsung) are restrained from entering into any further agreements for providing services under the trademark 'Samsung Smartclass'," the court said.
Educomp, represented by senior advocate Pratibha M Singh, has claimed that it was the pioneer in providing this service and the 'smartclass' trademark was registered by it in 2011.
In its plea, filed through advocate Rimali Batra, Educomp has sought that Samsung be permanently stopped from infringing its trademark as the company was providing "identical services to identical customers under an identical trademark".
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