Bombay HC refuses interim relief to PhonePe in a trademark infringement case against PostPe.

The Bombay High Court on Thursday refused to grant interim relief to PhonePe Pvt Ltd against Resilient Innovations Pvt Ltd for alleged infringement and passing-off with regards to its trademark ‘PhonePe’. New Delhi-based Resilient Innovations operates a buy now and pay later mobile app ‘PostPe’.

“The plaintiff has…failed to demonstrate a prima facie case in respect of, both, infringement and passing-off in the context of its trademark PhonePe,” observed Justice Manish Pitale. “It is found that the defendant has also earned substantial goodwill and it has openly used its mark 'PostPe' since the time it was introduced in respect of the financial services provided by the defendant,” observed the court in its 25-page order.