Delhi High Court restrains use of Bharatpay trademark after BharatPe alleges infringement
07 April 2025
In an interim order passed on March 25, Justice Amit Bansal noted that just like BharatPe, Bharatpay (defendant) is involved in providing UPI and other payment services and the two trademarks are phonetically identical.
The Court also found visual and structural similarities in the two trademarks.
“In view of the above, a prima facie case of infringement of trade marks and passing off is made out on behalf of the plaintiff in its favour. Clearly, an attempt has been made by the defendant no.1 [Bharatpay] to create an impression that the impugned services rendered by the defendant no.1 are associated with the plaintiff,” the Court concluded.
It, therefore, restrained the defendant company for using the trademark and the domain name www.bharatpay.net.
Justice Bansal ordered the suspension and blocking of the domain and blocking of the mobile number associated with it.
In an interim order passed on March 25, Justice Amit Bansal noted that just like BharatPe, Bharatpay (defendant) is involved in providing UPI and other payment services and the two trademarks are phonetically identical. The Court also found visual and structural similarities in the two trademarks. “In view of the above, a prima facie case of infringement of trade marks and passing off is made out on behalf of the plaintiff in its favour. Clearly, an attempt has been made by the defendant no.1 [Bharatpay] to create an impression that the impugned services rendered by the defendant no.1 are associated with the plaintiff,” the Court concluded. It, therefore, restrained the defendant company for using the trademark and the domain name www.bharatpay.net. Justice Bansal ordered the suspension and blocking of the domain and blocking of the mobile number associated with it.
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