In a new twist to the Bharatpay vs BharatPe case, the Delhi High Court has temporarily injuncted the use of former’s trademark after coming to an initial conclusion that it is similar to the mark used by the latter.

A Bar and Bench report said that Justice Amit Bansal, in an interim order passed on March 25, noted that just like BharatPe, Bharatpay (defendant) is involved in offering UPI and other payment services and the two trademarks are phonetically identical.

The court also found visual and structural similarities in the two trademarks, the report added.

“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 .

(The story will be updated soon)

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