Volume 2 Issue 7

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PhonePe V. BharatPe

Date of News: 

14-01-2022

Date of Publication: 

10-02-2022

Unique ID:

202281532

Name of the Author: 

K. Praveen Kumar

Field of Law: 

Intellectual Property Law

Content of News:

The Delhi High Court has dismissed all six cancellation claims filed by Resilient Innovations, BharatPe. It appeared to be requesting the deletion of registrations on the 'Pe' device mark filed with the Register of Trademarks by rival PhonePe. The Delhi High Court dismissed the entire petition due to an ongoing trademark infringement dispute between the two corporations before another bench in the same court. Last month, BharatPe filed multiple petitions to get PhonePe Pvt's various registrations cancelled. The mark is expressed as 'Pe' in the Devanagari script for a device. In a related lawsuit, the Bombay High Court denied PhonePe's claim to exclusive use of the name 'Pe' on an interim basis last month. PhonePe subsequently elected to file a fresh trademark infringement case against BharatPe's 'buy now, pay later (BNPL)' software dubbed 'PostPe.' "Being in the similar line of business, it is imperative that the earlier use and substantive meaning acquired by Pe in PhonePe is accepted and cannibalising PhonePe's large customer base by deceptively similar marks and infringement be stopped immediately," PhonePe said in its statement. "By acquiring a trademark for the 'Pe' device mark in Devanagari Script in classes relating to payment services in a country like India, where Hindi is the primary language of the masses, PhonePe has acted against the larger public interest, and Resilient is committed to undoing this," a spokesperson for BharatPe said when the petitions were filed on October 26. The name 'Pe' is utilised as a distinguishing element in both companies' trademarks. Let's wait and see what the court decides in this instance.

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