PHONEPE PRIVATE LIMITED Vs. EZY SERVICES

JUDGEMENT

(1.) The plaintiff and the defendants provide online payment services via their Applications ("Apps", in short). By downloading the Applications, it is possible to effect payments using the services of the plaintiff/defendants, across the internet. The defendants' services are available exclusively to merchants, whereas the plaintiff's services are available to anyone who downloads the App.

(2.) The plaintiff and the defendants use the marks "PhonePe" and "BharatPe" respectively. The plaintiff alleges that the mark used by the defendants, as well as the use of the word "BharatPe" itself, infringes the plaintiff's registered trademark and also amounts to passing off, by the defendants, of the services provided by them as those of the plaintiff.

(3.) Accordingly, the plaintiff has sued the defendants, for permanent injunction, against use, by the defendants, of 'Pe' or any deceptive variant of 'PhonePe' which is identical and/or similar to the plaintiff's trademarks 'PhonePe', 1.2., or 3., in respect of payment services or in any other manner amounting to infringement of the plaintiff's trademark, or of passing off, by the defendants, of their services as those of the plaintiff.