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Synopsis

In a significant move, the messaging platform Telegram informed the Madras High Court on October 29, 2024, that it would promptly remove any accounts impersonating the fintech app PhonePe on its servers upon receiving a request from PhonePe.

This submission was made before the bench of Justice K Kumaresh Babu, who was hearing PhonePe’s application seeking an interim injunction. The application sought the interim relief against various entities associated with Telegram, including directors, agents, employees, or any anonymous users on Telegram’s platform, from infringing PhonePe’s registered trademarks. PhonePe alleged that certain APKs and mobile applications were using deceptive marks similar to its own, which it argued violated its intellectual property rights.

The application was moved in the lawsuit filed by PhonePe which seeks a permanent injunction to stop similar trademark infringements, covering a wide array of potential violators, including platform users and any parties acting on behalf of the messaging app. 

Before the court, counsel appearing on behalf of Telegram submitted that it would be difficult for them to block the posting even at the initial stage. However, it said that as and when such postings are made and it is brought to its notice, the same would be blocked immediately.

The counsel for PhonePe submitted that as and when it comes to their notice they would immediately inform Telegram through E-mail.

To this, the counsel for the messaging app undertook that as and when the E-mail is received, such posting will be removed/ blocked forthwith.

Taking note of the same, the single judge bench ordered that apart from the above measures, Telegram shall also furnish the I.P. address of the Url., & channel for which the request for blocking had arisen.

Thereafter, on the request of the counsel for PhonePe, court ordered the matter to be listed next after two weeks. 

Case Title: PhonePe Pvt Ltd vs. Telegram FZ LLC and Another