PhonePe set to sue BharatPe afresh over ‘Pe’ suffix use
1 min read 24 Oct 2021, 05:10 PM ISTPhonePe and BharatPe have been arguing over the use of ‘Pe’ suffix since 2018, even before the filing of lawsuits
PremiumBENGALURU : PhonePe has withdrawn its injunction against BharatPe for the alleged misuse of the ‘Pe’ suffix, and is now expected to file a fresh legal suit, two people aware of the discussions said on the condition of anonymity.
Flipkart-owned PhonePe claims to have rights over the ‘Pe’ suffix as part of its registered trademark. The company had filed an injunction that sought to restrain Resilient Innovations Pvt. Ltd, parent of BharatPe, from “misusing" the suffix as part of its newly launched ‘buy now pay later’ product, ‘PostPe’.
The first hearing on PhonePe’s injunction plea was held at the Bombay high court on 22 October, following which PhonePe told the court that it would like to withdraw the injunction and file a fresh suit on the same matter.
“To address certain observations made by the court in the pleadings filed by PhonePe, the suit was withdrawn with liberty to file a fresh suit challenging the adoption of mark ‘PostPe’/’postpe’ by Resilient Innovations. Accordingly, while allowing the withdrawal of the suit and keeping the rights and contentions of the parties open, the court granted PhonePe the liberty to file a fresh suit. We will, accordingly, file a fresh suit and continue to ardently oppose the use of the ‘PostPe’ / ‘postpe’ marks," said PhonePe in response to queries by Mint.
This isn’t the first legal tussle the two firms have engaged in over the ‘Pe’ suffix. In June, PhonePe withdrew its injunction plea with the Delhi high court and proceeded with a full trial against BharaPe that very month.
The next hearing in the Delhi high court is expected to be around December, the persons cited above said.
“We do not want to comment on any part of 22 October proceedings in the Bombay high court that have not been recorded in the order passed. The bottom line remains that PhonePe has withdrawn the suit it filed against our use of ‘PostPe’. Needless to say, we will continue to strongly defend any legal action that PhonePe threatens to institute against us," said a BharatPe spokesperson.
Both firms have been arguing over the use of ‘Pe’ since 2018, even before the lawsuits.
