The Supreme Court docket on Monday dismissed a plea by Resilient improvements Ltd, which operates BharatPe. Resilient improvements had filed Particular Depart Petition (SLP) towards a Bombay excessive courtroom order, which has now been dismissed.
In March, the Bombay Excessive Court docket had allowed fintech agency PhonePe to file a recent go well with towards BharatPe’s Purchase Now Pay Later (BNPL) platform PostPe for trademark infringement. Resilient improvements had filed a SLP towards the Bombay Excessive Court docket order.
The HC order, given in March, had upheld an earlier determination that granted depart to PhonePe to withdraw its authentic lawsuit and file a recent one. This was additionally challenged earlier than a division bench however the courtroom refused to intrude, in accordance with LiveLaw.
Initially, PhonePe had approached the Bombay Excessive Court docket looking for an injunction to restrain Resilient Improvements, which operates BharatPe, from misusing PhonePe’s registered emblems through the use of and selling the marks ‘PostPe’/’postpe’, PhonePe had defined in a press release.
“In the course of the listening to, the Court docket noticed that the mark PostPe adopted by Resilient Improvements is so phonetically, structurally and visually just like PhonePe mark that it additionally thought that PostPe/postpe is a pure evolution of the phrase PhonePe and emanated from PhonePe,” the assertion added.
“Nonetheless, to handle sure observations made by the Court docket within the pleadings filed by PhonePe, the go well with was withdrawn with liberty to file a recent go well with difficult the adoption of mark PostPe/postpe by Resilient Improvements,” PhonePe stated.
It added that whereas permitting the withdrawal of the go well with and retaining the rights and contentions of the events open, the Court docket granted PhonePe the freedom to file a recent go well with. “We are going to, accordingly, file a recent go well with and proceed to ardently oppose using the ‘PostPe’/’postpe’ marks,” PhonePe famous.
In October 2021, PhonePe had withdrawn its petition towards Postpe platform which had alleged violation of PhonePe’s trademark and had stated that it’ll file a recent go well with.
(With inputs from Aneesha Mathur & businesses)
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