At this time when Walmart owned PhonePe is replacing PayTm, along with Google Pay to dominate 80 per cent of the Indian UPI market, India is trying to enforce rules to curb the dominance of this duo. Amidst such a blend of demand and challenges, PhonePe combats a dispute with Aniket Foods to retain its trademark rights, which has caught the attention of many.
‘Ankit Foods’ is owned by Ankit Modi, lawyer turned businessman, who initiated the business in February 2018, at Faridabad, Haryana. Graduated from Bharati Vidyapeeth’s New Law College, his credentials include Diploma in Corporate Laws and Diploma in Cyber Laws from Asian School of Cyber Laws. (Not sure if this is the Ankit Foods owner we are talking about)
The dispute:
The dispute which appeared in High Court at Kolkata before Honourable Justice Krishna Rao, has Ranjan Bachawat, learned Senior Counsel appearing for plaintiff, PhonePe. The details submitted include the total transaction in February alone, which reads 6,14097 million transactions which values 9,67, 467.18 crores. Also submitted were information about the logo which carries Devanagari script and learning in March 2024 about packaged snacks like chips and Fryums using an identical trademark using the same purple and pink colour shades. A representation of an ATM booth hints or portrays the link or connection of the snacks company with the financial institution.
Court proceedings:
The counsel submitted details that assert the loss faced by the plaintiff and gains accrued by the defendant in this action. The plaintiff referred to 2002 Supreme Court Cases 65 to seek an injunction along with appointment of local Commissioner if needed. The Court found the plaintiff entitled for the same and Mr Shayak Mitra was appointed as a special officer to make an inventory of the defendant’s product from the godown and report before the court. He is also entitled for help from the Police Station concerned for any assistance if required.
Similar case:
PhonePe has interestingly filed a copyrights infringement case against Madhya Pradesh CM Shivraj Chauhan for using PhonePe morphed posters which are in the form of QR code sheets for accepting online payments with PhonePe mentioned on top of the posters. PhonePe requested Congress to remove those posters.
