The Division Bench held that PhonePe had failed to show that its Unified Payments Interface (UPI) app and the DigiPe app catered to a similar category of customers and that the use of the word ‘Pe’ by DigiPe could lead to confusion.
“The defendants have contended that the “DigiPe” application is not useful for any individual customers and the same is confined to merchant establishments and that their target customers are entirely different to the customers of the plaintiff and therefore there is no question of confusion, the defendants on their website have categorically stated that DigiPe App caters to the needs of both merchants and customers,” the Court said.
Besides, the Court said that the original suit filed by PhonePe against DigiPe was ready for trial and that the former could adduce evidence during trial to prove its case.
Source: Barandbench
