Supreme Court dismisses plea by PostPe challenging liberty given to PhonePe by Bombay HC to file trademark infringement suit

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The Supreme Court on Monday dismissed a plea moved by a company called PostPe against PhonePe Ltd. challenging the orders of the Bombay High Court, which had granted liberty to PhonePe to pursue its suit for infringement and passing off of its trademark PhonePe.

PostPe, a brand owned by Resilient Innovations, had challenged the order of the Bombay High Court before the Supreme Court stating that the liberty granted by the Bombay High Court to Phonepe Private Limited for withdrawing and filing a fresh suit for infringement and passing off of its trademark was not in accordance with the provisions of Order 23 Rule 1 (3) of the Code of Civil Procedure, 1908.

A dispute arose when PostPe started getting involved in the field of digital payments in which PhonePe is already  involved in. The latter approached the Bombay High Court stating that PostPe was infringing upon its trademark.

A bench of Justices DY Chandrachud and Surya Kant after hearing the matter dismissed the plea stating that they were not inclined to entertain the Special Leave Petitions under Article 136 of the Constitution of India.

Neeraj Kishan Kaul, K.V. Vishwanathan, Senior Advocates appeared and argued on behalf of Phonepe Private Limited. Phonepe Private Limited was advised and represented by a legal team of Karanjawala & Co. comprising of Ruby Singh Ahuja, Deepti Sarin, Akanksha Thapa, Akshay Agrawal and Vasu Singh.

Case title: Resiliant innovations Pvt Ltd Vs PhonePe