‘DIGIPE’ gets restrained by the Madras High Court for using its marks says that it is similar to ‘PhonePe’
Madras High Court
In this case PhonePe made an applicant in Madras High Court to grant an interim injunction. PhonePe issued a legal notice to DIGIPe regarding the its mark that it is similar to them. However earlier the DIGIPE agreed for settlement with PhonePe. The case was PhonePe Priviate Limited V/S DigiPe Fintech Private Limited [(Mad) 8] [O.A.Nos.809 to 812 of 2022]. The case was Mr. Justice C. Saravanan J.
Facts of the case
- In this case applicant made a application to the learned court for granting them an interim injunction as the applicant is in the unified payments interface(UPI) business since 2016 and it was also evident from the RBI who granted the permission to applicant on 9.12.16 , which has been subsequently renewed on 23.08.2022 for futher period.
- The applicant said that they had registered for the word “DIGIPE” in the form of device, whereas, the defendents /respondents has filed in application for registration of the offending mark “DIGIPE” only on 26.09.2022. After that applicant issued the legal notice regarding this on 05.08.2022. The respondent through its counsel said that they want settlement but they further proceeded the case by filing trademark application for registration of the offending mark “DIGIPE”.
JUDGMENT
The Madras High Court granted the interim injunction in favour of the applicant and it also said that by granting the interim injunction in favour of applicant there will be no loss incurred to the respondent. And if the interim injunction will not be passes by the court in favour of applicant then the applicant may have to put up with the use of offending trademark “DIGIPE” which is deceptively similar to mark “PhonePE” registered in Clauses 9,35,36, and 42 by the applicant.
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JUDGEMENT REVIEWED BY NAMRATA SINGH