Delhi High Court Grants Relief To BharatPe, Restrains Use Of 'Bharatpay' Mark And Website
The Delhi High Court has recently granted relief to fintech company “BharatPe” and restrained the use of “Bharatpay” mark as well as the domain name used for payment of utility bills, data recharge services, insurance and financial services. Justice Amit Bansal observed that Bharatpay mark was phonetically identical with, and visually, structurally and conceptually similar to,...
The Delhi High Court has recently granted relief to fintech company “BharatPe” and restrained the use of “Bharatpay” mark as well as the domain name used for payment of utility bills, data recharge services, insurance and financial services.
Justice Amit Bansal observed that Bharatpay mark was phonetically identical with, and visually, structurally and conceptually similar to, the BharatPe mark.
The Court passed ad interim injunction order in favour of Resilient Innovations Private Limited, the company which owns BharatPe, in its trademark infringement suit against M/S Bharat Pay.
“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 to create an impression that the impugned services rendered by the defendant no.1 are associated with the plaintiff,” the Court said.
BharatPe contended that it came across a mobile application of Bharatpay which was being used to render services under the impugned mark which were identical with those of the fintech company.
The Court ordered suspension of the impugned domain name “www.bharatpay.net” as well as blocking of the telephone number used by the defendant entity.
“The defendants no.4 to 6 are directed to issue notifications calling upon the internet service providers (ISPs) to block access to the impugned website,” the Court said.
Title: RESILIENT INNOVATIONS PRIVATE LIMITED v. M/S BHARAT PAY AND ORS
Citation: 2025 LiveLaw (Del) 375