Phonepe Private Limited vs Ezy Services

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
C.HARI SHANKAR
Phonepe Private Limited – Appellant
Versus
Ezy Services – Respondent

Table of Content
1. infringement of trademarks and passing off is alleged. (Para 1 , 2 , 3)
2. rival parties' arguments and contentions presented. (Para 4 , 5 , 6)
3. court's analysis on the likelihood of confusion in trademarks. (Para 9 , 10 , 11 , 18)
4. rules on distinctiveness and secondary meaning in trademark law. (Para 21 , 22 , 26)
5. final ruling dismissing the plaintiff's request for injunction. (Para 71 , 72 , 73 , 74)

JUDGMENT

I.A. 8084/2019 in CS(COMM) 292/2019

1. The plaintiff and the defendants provide online payment services via their Applications ("Apps", in short). By downloading the Applications, it is possible to effect payments using the services of the plaintiff/defendants, across the internet. The defendants' services are available exclusively to merchants, whereas the plaintiff's services are available to anyone who downloads the App.

2. The plaintiff and the defendants use the marks "PhonePe" and "BharatPe" respectively. The plaintiff alleges that the mark used by the defendants, as well as the use of the word "BharatPe" itself, infringes the plaintiff's registered trademark and also amounts to passing off, by the defendants, of the services provided by them