PhonePe Private Limited v. DigiPe Fintech Private Limited, O.A.Nos.809 to 812 of 2022 in C.S(Comm.Div).No.248 of 2022
The Madras High Court recently restrained DigiPe Fintech Private Limited (“Defendant”) from using the DIGIPE mark following a trademark infringement suit filed by PhonePe Private Limited (“Plaintiff’).
The suit was based on the Plaintiff’s earlier rights in PHONEPE mark used in relation to digital payment and other fintech related services. The court observed that the DIGIPE mark is similar to the PHONEPE mark which stands registered in Class 9, 35, 36 and 42 in the name of the Plaintiff. The court went on to observe that since the Defendant has not yet started use of the DIGIPE mark on UPI services, the balance of convenience lies in favour of the Plaintiff.
Accordingly, the court granted an ex-parte ad-interim injunction in favour of the Plaintiff.