PhonePe has filed a suit for infringement of its trademarks i.e. “PhonePe” against M/s Aniket Foods before the Calcutta High Court for illegal use of PhonePe trademarks.
The High Court in its order dated April 10, 2024 granted an ex-parte injunction in favour of PhonePe, restraining M/s Aniket Foods (including its agents, successors, stockists, distributors, dealers or anyone claiming through or under from using the infringed goods) from manufacturing and selling (in any manner whatsoever) and also appointed Special Officer of the Court to visit the premises of M/s Aniket Foods wherein the illegal manufacturing of the infringed goods is taking place and to take inventories the available stocks.
The said Special Officer carried out his commission on April 19, 2024, and found a large quantity of infringed products/materials bearing PhonePe trademarks.
Thereafter, M/s Aniket Foods approached PhonePe for an out-of-the-court settlement and acknowledged the rights of the Plaintiff and to cease and desist from its illegal and infringing activities.
In the compromise, M/s Aniket Foods unconditionally admits that — PhonePe is the true and lawful proprietor of the said trademarks “PhonePe” under all appropriate laws, including under the Trademarks Act, 1999, Copyright Act, 1957 and common law, and that the said trademarks are associated exclusively with the PhonePe.
Trademarks “PhonePe” of PhonePe, are highly reputed, distinctive and well-known trademarks within the provisions of the Trade Marks Act, 1999 and Rules and they belong to and vest solely, absolutely, unconditionally and permanently with PhonePe in perpetuity without any limitation of time.
PhonePe is the prior user of the said marks and “PhonePe” mark is the unique combination of the words ‘Phone’ and ‘Pe’.
Aniket Foods shall never, directly or indirectly, use and assert any proprietary rights, trademark rights, common law rights, or copyright in the trademarks “PhonePe” and/ or over any mark/name identical and/or deceptively similar to the said trademarks of the PhonePe under any Law, for any goods or services.
The High Court gave its approval to the compromise on May 10, 2024, and decreed the suit in favour of PhonePe.
