Bombay High Court Refuses Interim Relief To PhonePe In Trademark Infringement Suit, Says Contradictory Stands Taken On Meaning Of ‘Pe’
1 year, 11 months ago

Bombay High Court Refuses Interim Relief To PhonePe In Trademark Infringement Suit, Says Contradictory Stands Taken On Meaning Of ‘Pe’

Live Law  

The Bombay High Court refused to grant interim relief to PhonePe for alleged infringement of its trademark “PhonePe” by Resilient Innovations’ trademark “postpe”. Justice Manish Pitale cited contradictions between PhonePe’s stand taken before the Delhi High Court and the Bombay High Court regarding the meaning of the term “Pe”. The plaintiff filed opposition proceedings before the trademark registrar for registration of defendant’s “postpe” and an infringement suit before the high court. The court agreed with Delhi HC’s finding that the plaintiff cannot claim exclusivity in respect of “Pe” which is a part of its registered trademark “PhonePe”.

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History of this topic

Court Has Jurisdiction In Trademark Suits If Goods Marketed Online Can Be Accessed In Their Jurisdiction: Delhi High Court
1 month, 3 weeks ago

Court Has Jurisdiction In Trademark Suits If Goods Marketed Online Can Be Accessed In Their Jurisdiction: Delhi High Court

Live Law  

The Delhi High Court has observed in a case of trademark infringement, even if a party is not physically selling impugned goods in a specific territory, but is offering them for sale through a website accessible in that territory, the Court where the goods are sold online would have jurisdiction to try the matter. Justice Mini Pushkarna observed, “Thus, when …

Court Has Jurisdiction In Trademark Suits If Goods Marketed Online Can Be Accessed In Their Jurisdiction: Delhi High Court
1 month, 3 weeks ago

Court Has Jurisdiction In Trademark Suits If Goods Marketed Online Can Be Accessed In Their Jurisdiction: Delhi High Court

Live Law  

The Delhi High Court has observed in a case of trademark infringement, even if a party is not physically selling impugned goods in a specific territory, but is offering them for sale through a website accessible in that territory, the Court where the goods are sold online would have jurisdiction to try the matter. Justice Mini Pushkarna observed, “Thus, when …

“Pe” Is Commonly Used Word In Payment Services Industry: Madras High Court Dismisses PhonePe's Trademark Infringement Suit
1 month, 3 weeks ago

“Pe” Is Commonly Used Word In Payment Services Industry: Madras High Court Dismisses PhonePe's Trademark Infringement Suit

Live Law  

The Madras High Court recently dismissed a suit filed by PhonePe to declare its mark as a well known trademark and to grant permanent injunction against “BundlePe” and “LatePe”. Justice P Velmurugan observed that the term “Pe” was not a unique or distinct one as claimed by PhonePe and was commonly used word in the payment services industry. PhonePe alleged …

Delhi High Court Grants Protection To Indiamart's Trademark, Criticises Opponent For Misusing Its Promoters' Photos To Mislead Consumers
1 year, 5 months ago

Delhi High Court Grants Protection To Indiamart's Trademark, Criticises Opponent For Misusing Its Promoters' Photos To Mislead Consumers

Live Law  

Justice C. Hari Shankar of the Delhi High Court recently granted a permanent injunction in favour of Plaintiff-INDIAMART, which had filed a suit seeking restraining of defendant No.1 from using its trademark as well as logos. It was further claimed that the plaintiff’s marks constituted “original artistic works” within the meaning of Section 2 of the Copyright Act, 1957, and …

Bombay High Court Refuses Interim Relief To PhonePe In Trademark Infringement Suit, Says Contradictory Stands Taken On Meaning Of ‘Pe’
1 year, 11 months ago

Bombay High Court Refuses Interim Relief To PhonePe In Trademark Infringement Suit, Says Contradictory Stands Taken On Meaning Of ‘Pe’

Live Law  

The Bombay High Court refused to grant interim relief to PhonePe for alleged infringement of its trademark “PhonePe” by Resilient Innovations’ trademark “postpe”. Justice Manish Pitale cited contradictions between PhonePe’s stand taken before the Delhi High Court and the Bombay High Court regarding the meaning of the term “Pe”. The plaintiff filed opposition proceedings before the trademark registrar for registration …

PhonePe Trademark Suit: Madras High Court Temporarily Restrains MobilePe From Providing BHIM/ UPI Services
2 years, 5 months ago

PhonePe Trademark Suit: Madras High Court Temporarily Restrains MobilePe From Providing BHIM/ UPI Services

Live Law  

In a trademark infringement suit filed by Indian digital payments and financial technology company PhonePe, the Commercial Division of Madras High Court has temporarily restricted "MobilePe" from offering any UPI or BHIM services. The Court said that instead of a side by side comparison, it stepped into the shoes of an average man with "ordinary prudence"and "imperfect recollection" and found …

Bombay High Court Upholds Single Judge Order Permitting 'Phone Pe' To File Fresh Trademark Suit Claiming Exclusivity On 'Pe' Suffix
3 years ago

Bombay High Court Upholds Single Judge Order Permitting 'Phone Pe' To File Fresh Trademark Suit Claiming Exclusivity On 'Pe' Suffix

Live Law  

The Bombay High Court has allowed PhonePe to file a fresh suit claiming trademark infringement against Resilient Innovations, the owners of PostPe. Earlier a single judge of the High Court had granted leave to PhonePe to withdraw its suit and file a fresh one, which was challenged before a division bench, which has refused to interfere with the single judge's …

PhonePe moves court over ‘misusing’ of ‘Pe’ suffix in ‘PostPe’ by BharatPe
3 years, 5 months ago

PhonePe moves court over ‘misusing’ of ‘Pe’ suffix in ‘PostPe’ by BharatPe

Hindustan Times  

Payments application owned by Flipkart, PhonePe has moved the Bombay High Court seeking an injunction to cease its rival BharatPe from “misusing” the ‘Pe’ suffix in the latter’s ‘but now, pay later’ product namely ‘PostPe’. PhonePe and BharatPe have been fighting over the ‘Pe’ suffix in their brand names since 2018. The withdrawal in June had come after the Delhi …

PhonePe withdraws injunction plea, to push for full trial
3 years, 9 months ago

PhonePe withdraws injunction plea, to push for full trial

Hindustan Times  

Digital payments firm PhonePe has withdrawn its injunction plea against BharatPe over the use of the suffix ‘Pe’ as it prepares to take on the latter in a full trial expected to start in July. PhonePe filed a commercial lawsuit against BharatPe, alleging violation of its trademark and claiming exclusivity on the ‘Pe’ suffix in May 2019 at the Delhi …

No prior permission of Court required for filing rectification petition before the IPAB during the pendency of an infringement suit: Delhi HC
9 years, 1 month ago

No prior permission of Court required for filing rectification petition before the IPAB during the pendency of an infringement suit: Delhi HC

Live Law  

In a recent ruling, a Full Bench of Delhi High Court has held that prior permission of the Court is not necessary under Section 124 of the Trade Marks Act, 1999 for filing a rectification petition before the IPAB, during the pendency of an infringement suit.The Bench, comprising Justice S. Ravindra Bhat, Justice Vipin Sanghi and Justice Najmi Waziri observed …

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