Delhi HC sides with PhonePe in trademark infringement case against ‘PhonePey Loan’

Delhi HC sides with PhonePe in trademark infringement case against ‘PhonePey Loan’

The Delhi High Court on Tuesday, December 24, issued an injunction restraining AGF Finlease India from using the name ‘PhonePey Loan’ for its digital lending services, reported Bar and Bench. The court found the name to be prima facie deceptively similar to the trademark of PhonePe, a Walmart-owned digital payments gateway. This ruling came after PhonePe filed a suit against AGF Finlease alleging trademark infringement.

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Justice Mini Pushkarna, who presided over the preliminary hearing, observed that PhonePe had made a strong case for an interim injunction.

“Prima facie (case) has been made out for grant of injunction. Accordingly, till the next date of hearing, Defendants 1 and 2 are restrained from selling, offering to sell ‘Phone Pe’, ‘Phone Pe Loan’, or any other mark that results in infringement of the PhonePe mark,” the court said.

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In addition to the injunction, the court directed Domain Name Registrar GoDaddy to take down the ‘PhonePey Loan’ website. Social media platforms like Facebook and Instagram were also ordered to remove posts infringing upon the PhonePe trademark.

During the hearing, Advocate Sidharth Chopra, representing PhonePe, argued that ‘PhonePey Loan’ was confusingly similar to the PhonePe brand. He further alleged that agents from AGF Finlease had misrepresented themselves as being from PhonePe’s loan department.

In defense, AGF Finlease’s counsel claimed they were using the name ‘PhonePey’ rather than ‘PhonePe.’ However, the court found this argument insufficient and proceeded to grant the injunction.

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