PhonePe presents BharatPe in court for ‘pay’ suffix in ‘Postpay’

The company has sought an injunction from the Bombay High Court to stay Resilient Innovations Pvt Ltd. Ltd., the parent of BharatPe, from misusing its registered trademark ‘PhonePe’ which contains the ‘Pe’ suffix.

PhonePe said, “FonePe has sought a stay on Resilient Innovations from Resilient Innovations to prevent misuse of the registered trademark of PhonePe by using and promoting the marks ‘PostPe’ https://www.livemint.com/”PostPe” had knocked on the door of.” in a statement on Saturday.

“During the hearing, the Hon’ble Court observed that the PostPay mark adopted by Resilient Innovations is phonetically, structurally and visually identical to the PhonePe mark that they also thought that PostPay/Postpay is a natural evolution of the word PhonePe and derived from PhonePe. PhonePe said on October 22 hearing on the matter.

This comes four months after PhonePe withdrew its injunction petition against BharatPe over the use of the suffix ‘Pe’ as it prepares to take the latter to a full trial.

In April, PhonePe’s interim petition was dismissed by the Delhi High Court after the injunction was withdrawn. PhonePe had filed a commercial suit against BharatPe, alleging infringement of its trademark and claim of exclusivity over the ‘Pay’ suffix, in the Delhi High Court in May 2019.

The company had also sought an injunction against BharatPe for using ‘Pay’ in its brand and app names. The two companies have been arguing over the use of ‘pay’ since 2018.

“…To address certain observations made by the Court in the petitions filed by PhonePe, the suit was withdrawn with the liberty to file a fresh suit challenging the adoption of Mark PostPay / PostPay by Resilient Innovations Accordingly, allowing the withdrawal of the suit and keeping the rights and arguments of the parties open, the Hon’ble Court granted liberty to PhonePe to file a fresh suit. Accordingly, we shall file a fresh suit and ‘Postpay’ https: Will continue to strongly oppose the use of // www.livemint.com/”postpe’ marks,” PhonePe had said.