Madras HC bars Mobilepe from offering UPI and BHIM services

Recording the submissions, the judge held that the logos of both companies are looking the same and a prima facie case of possible deception was made out.
Madras High Court
Madras High CourtFile photo

CHENNAI: The Madras High Court has passed an interim injunction restraining the Mobilepe firm and its group of companies from offering the Unified Payments Interference (UPI) and Bharat Interface for Money (BHIM) services on a suit filed by Phonepe firm alleging trademark infringements.

Justice M Sundar passed the direction on hearing the suit preferred by India's online payments tycoon Phonepe. The plaintiff firm prayed for a direction to the defendant company to stop using the trademark and symbols which are alike the trademarks and symbols of the former firm.

Appearing for the Phonepe company, Senior Advocate PS Raman submitted that the defendant company had used the trademarks of his client despite several notices being issued to the Mobilepe group.

The senior advocate contended that his client is a registrant and proprietor of the trademarks, but the same was used by the defendant company.

Recording the submissions, the judge held that the logos of both companies are looking the same and a prima facie case of possible deception was made out.

The judge also pointed out the Supreme court’s verdict in the case of Parle Products Private Limited Vs JP and Co and said that it will avoid the side-by-side comparison of the two brands.

Justice Sundar opined that when a common man with average intelligence is seeing the brands, he would think both the logos of Phonepe and Mobilepe are the same.

The court further issued notice to Google and Apple to remove the Mobilepe app from the Google Play Store and AppStore of Apple. The judge also made it clear that the defendants are protected in terms of contesting the issue. It is noted that there is no impediment for MobilePe to continue wallet recharge and other business activities except for UPI and BHIM services.

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