PhonePe, a leading digital payments company, has won a trademark infringement case against M/s Aniket Foods. The dispute centered on the illegal use of the “PhonePe” trademark by Aniket Foods. PhonePe took legal action and filed a lawsuit in the Calcutta High Court to protect its brand.

On April 10, 2024, the Calcutta High Court issued an ex-parte injunction in favor of PhonePe. This order prohibited Aniket Foods, along with its agents, successors, stockists, distributors, dealers, or anyone associated with them, from manufacturing or selling any products using the PhonePe trademark. The court also appointed a Special Officer to inspect Aniket Foods’ premises and inventory the infringing goods.

The Special Officer conducted the inspection on April 19, 2024. During this visit, a large quantity of products bearing the PhonePe trademark was found, confirming the infringement.

Following the discovery, Aniket Foods approached PhonePe to negotiate an out-of-court settlement. They acknowledged PhonePe’s rights and agreed to cease all illegal activities involving the trademark. In the settlement, Aniket Foods admitted that PhonePe is the rightful owner of the “PhonePe” trademarks under all relevant laws, including the Trademarks Act, 1999, the Copyright Act, 1957, and common law.

Key Terms of the Settlement

The settlement included several key points:

• PhonePe is recognized as the sole and lawful owner of the “PhonePe” trademarks, which are well-known and distinctive under the Trade Marks Act, 1999.

• Aniket Foods agreed never to use, directly or indirectly, any marks that are identical or deceptively similar to PhonePe’s trademarks for any goods or services.

• The trademarks “PhonePe” are exclusively associated with PhonePe and are protected permanently without any time limitation.

The Calcutta High Court approved the settlement on May 10, 2024, and officially decreed the suit in favor of PhonePe. This decision reinforced PhonePe’s rights and ensured that Aniket Foods would cease any further infringement activities.

PhonePe’s successful legal action against Aniket Foods highlights the importance of trademark protection. The company’s prompt response and legal measures ensured that their brand remains protected from unauthorized use. This case sets a strong precedent for safeguarding intellectual property rights in the digital age.