Bharat Pe’s pleas against PhonePe’s ‘Pe’ trademarks dismissed by HC


The intellectual property (IP) division of Delhi high court has rejected the petition filed by fintech unicorn BharatPe, urging the court to cancel copyrights of arch-rival PhonePe on the ‘Pe’ suffix.

In October, BharatPe parent Resilient Innovations Pvt. Ltd had filed six petitions seeking cancellation of registrations held by PhonePe Pvt. Ltd, for the ‘Pe’ logo in Devanagari before the IP division of the high court.

“In view of the provisions of Section 124, it’s clear that the current petitions couldn’t without filed while not the court framing a problem relating to the validity of trademark in (CS (COMM) 292/2019, as held by the Supreme Court in Patel field marshal Agencies,” the court said in its order.

Also Read: PhonePe, Google Pay, Paytm retain UPI market share, even as WhatsApp transactions double

Currently, PhonePe and BharatPe are fighting 2 lawsuits over the ‘Pe’ suffix. In June, PhonePe withdrew its injunction plea before the delhi high court and proceeded with the trial against BharatPe over the use of the ‘Pe’ suffix within the latter’s brand name.

In October, the Bengaluru-based fintech filed a separate lawsuit with the bombay high court against BharatPe’s usage of the suffix for its ‘buy now pay later’ delhi, ‘PostPe’.

“The Hon’ble delhi high court has dismissed the petitions filed by Resilient Innovations (BharatPe) seeking cancellation and removal of entries bearing on a number of PhonePe’s registered emblems from the Register of emblems. These petitions were trivial and unfounded and zilch over a poor decide to divert the court’s attention from its own misuse and infringement of PhonePe’s trademarks,” a PhonePe spokesperson said in a reply to Mint’s queries.

“Being within the similar line of business, it’s imperative that the sooner use and substantive which means noninheritable by alphabetic character in PhonePe is accepted and cannibalizing PhonePe’s giant client base by deceivingly similar marks and infringement be stopped at once. we’ll still seriously press the opposite matters filed by US before the Hon’ble urban center judicature and also the Hon’ble city judicature against Resilient Innovations’ dishonest adoption of ‘BharatPe’ and ‘PostPe’ marks to make complete confusion within the digital Payments class,” PhonePe aforementioned.

Both corporations are argument over the utilization of ‘Pe’ since 2018, even before filing the lawsuits.

“The Hon’ble urban center judicature has not command the cancellation actions to be “frivolous or baseless”. As a matter of truth, the Hon’ble urban center judicature has not aforementioned something on the deserves of the cancellation actions. On a procedural facet, the Hon’ble court has solely directed Resilient to adopt a distinct route to file these cancellation actions, and Resilient is exploring its legal remedies during this regard. it’s once more unfortunate that PhonePe has misquoted from the order of the Hon’ble urban center judicature as regards the conduct of Resilient,” aforementioned a BharatPe representative.

Also Read: PhonePe ‘turned turtle’ in court over its stand on ‘Pe’: BharatPe

In April, urban center judicature had pink-slipped AN interim injunction plea by PhonePe against BharatPe on the utilization of the ‘Pe’ suffix in its complete and app names. there’s shy proof to once and for all say that the ‘Pe’ suffix would be “indelibly associated” within the public consciousness with PhonePe’s services, aforementioned the order gone along the court on fifteen Apr. The case was detected by one bench of C. Hari Ravi Shankar. PhonePe then went ahead with a full trial against BharatPe in urban center judicature in Gregorian calendar month.

PhonePe, Google Pay, Paytm retain UPI market share, even as WhatsApp transactions double

The top three among the digital payments house pattern the UPI platform maintained their market share before the merry season despite WhatsApp doubling its transactions.

PhonePe stayed the market leader among the Unified Payments Interface (UPI) section, followed by PhonePe, Google Pay and Paytm Payments Bank.

PhonePe logged in an exceedingly hundred sixty 5 integer transactions in Sept, amounting to Rs 3.06 integer integer. The digital payments-to-financial services company commanded a 45 the share of the degree pie and forty Seven Hills of Rome of the price of UPI transactions, to keep with data by the National Payments Corporation of Asian nation (NPCI).

GooglePay preserved thirty 5 or 6 market share in volume terms and thirty pool ball in values. The payments entree recorded 129 integer transactions amounting to Rs a combine of.50 integer integer.

While it’s targeted plenty of its notecase business and various offerings, Paytm Payments Bank stayed the third-largest among the UPI house, although its value market share lordotic to iron in Sept from fourteen you bored with New Style calendar month. In terms of volume, Paytm controlled over fourteen you look after the market through fifty 3.8 integer transactions worth Rs sixty,094 crore.

WhatsApp’s UPI arm – a newer entrant among the section – saw its transactions flex the last one month once the company same it fully was scaling up the service throughout a phased manner.

Although WhatsApp’s share among the amount of UPI payments stayed a meagre zero.27 you bored with Sept, the share has up from zero.01 you bored with August. this may be together as a results of WhatsApp’s UPI feature is restricted to exclusively twenty million users as per NPCI’s directions.

The Facebook-owned electronic communication app saw volumes double from 5 integer to 10 integer from August to Sept. the price of transactions on WhatsApp raised from Rs forty four.70 integer to Rs sixty 2.31 crore.

Speaking at the globe Fintech Fest 2021 on Sept thirty, Manesh Mahatme – Director Payments, WhatsApp Asian nation same, “Our focus right away is to drive awareness of our payments feature on WhatsApp and to create new use cases to act.”

The app same it’d place the rupee icon directly among the chat musician between the attachment and so the camera icon to substantiate that the payment risk may be a ton of visible to users.

September saw a whole of 356 billion UPI transactions with a accumulative value of Rs vi.54 integer integer.