Digital payment firms BharatPe & PhonePe are headed for a full trial over the use of the word Pe after two years of court proceedings. Walmart-backed PhonePe had filed a lawsuit against New Delhi-based BharatPe over claiming trademark rights over the suffix ‘Pe’. It has withdrawn its injunction plea in order to seek speedy disposal of the lawsuit. PhonePe had filed an injunction plea before a division bench of Delhi high court after a single judge bench denied it. But now it does not wish to proceed with the injunction rather wants expeditious disposal of the suit. The court had clarified that it has not examined the appeal based on merits & controversy that may arise between the appellant & the third party. BharatPe Cofounder & CEO Ashneer Grover stated that PhonePe’s case was not based on the case of merit. In spite of last month’s judgment made by Delhi high court Sameer Nigam, cofounder of PhonePe he chose to file an appeal in front of the division bench. A spokesperson of PhonePe stated that they had filed for an injunction until the main trial starts. Since it has already been two years & BharatPe continues to plagiarise the suffix it has lost its meaning. Now the court will handle the trial based on merit. Grover had extended a hand of friendship to PhonePe to withdraw the lawsuit, but PhonePe has rejected its plea & is very much confident about its win in the final trial. PhonePe claims a trademark right over ‘Pe’ being used in the company name in English & Hindi both in-text & graphic description.
Source: The Economic Times