The Court noted that PhonePe had been providing UPI services since 2016 and that it possessed the registration for the word “DIGIPE,” while DigiPe had applied for registration of its trademark only on September 26, 2022.
Besides, the Court noted that DigiPe had initially agreed to broker peace with PhonePe over the issue of alleged trademark infringement. However, it went back on its word and filed an application for registration of “the offending mark DIGIPE,” the order noted.
The Court also said that since DigiPe was yet to begin its UPI services, the balance of convenience for grant of interim relief was in PhonePe’s favour.
“The respondent/defendant will not suffer or incur loss if interim relief is granted as prayed. On the other hand, if no injunction is granted, the applicant may have to put up with the use of offending trademark “DIGIPE” which is deceptively similar to the marks “Phone Pe” registered in Clauses 9, 35, 36 and 42 (of the Trademark Act 1999) by the applicant (PhonePe),” the high court said.
Source: Barandbench
