Madras High Court
Phonepe Private Limited vs Telegram Fz Llc on 29 January, 2025
Author: Abdul Quddhose
Bench: Abdul Quddhose
C.S. (Comm.Div.) No.218 of 2024, O.A. Nos.839 & 840 of 2024 and A.Nos.5627 to 5629 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.01.2025
CORAM
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.S. (Comm.Div.) No.218 of 2024, O.A. Nos.
839 & 840 of 2024 and A.Nos.5627 to 5629 of 2024
PhonePe Private Limited .. Plaintiff
-vs-
1.Telegram FZ LLC
2.Ashok Kumar .. Defendants
Prayer: Civil Suit has been filed under Order IV Rule 1 of the Original Side
Rules read with Order VII Rule 1 of Code of Civil Procedure, Sections 27 to
29, 134 & 135 of the Trade Marks Act, 1999 and Section 7 of the
Commercial Courts Act to grant a judgment and decree on the following
terms:
a)Permanent injunction restraining the defendants its directors,
officers, agents, employees, legal representatives, successors-in-interest,
assigns and any other person(s) acting on its behalf, as well as any person,
anonymous or pseudonymous users operating on the first defendant
platform, their successors, agents, representatives, assigns or anyone
claiming through or under them from infringing plaintiff's registered
trademark by developing, distributing, hosting or enabling the hosting,
marketing, selling, offering for sale, advertising or otherwise dealing in any
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C.S. (Comm.Div.) No.218 of 2024, O.A. Nos.839 & 840 of 2024 and A.Nos.5627 to 5629 of 2024
APK, mobile application or product that bears a deceptively similar mark,
name or label to the plaintiff's registered trademarks in any manner
whatsoever;
b)Mandatory injunction directing the first defendant including its
directors, officers, agents, employees, legal representatives, successors-in-
interest, assigns and any other person(s) acting on its behalf to block,
disable or remove the channels, accounts and content specified in Schedule
A of the Plaint, as well as any other present or future channels, accounts or
content that infringe or are connected to the plaintiff's registered trademarks
or that promote, distribute or offer for sale any APKs or applications
deceptively similar to the plaintiff's trademarks;
c)Permanent injunction restraining the defendants its directors,
officers, agents, employees, legal representatives, successors-in-interest,
assigns and any other person(s) acting on its behalf, as well as any person,
anonymous or pseudonymous users operating on the first defendant
platform, their successors, agents, representatives, assigns or anyone
claiming through or under them from hosting, distributing, marketing,
selling, offering for download or otherwise disseminating any APK files,
mobile applications or digital goods and the content specified in Schedule B
of the Plaint and from engaging in any similar present or future acts of
hosting, distributing, promoting or making available for download any APK
files or digital goods that bear, incorporate or use marks deceptively similar
to the plaintiffs registered trademarks or that otherwise misappropriate the
plaintiff's intellectual property;
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C.S. (Comm.Div.) No.218 of 2024, O.A. Nos.839 & 840 of 2024 and A.Nos.5627 to 5629 of 2024
d)Permanent injunction restraining the second defendant as well as
any person, anonymous or pseudonymous users operating on the first
defendant platform, their successors, agents, representatives, assigns or
anyone claiming through or under them from impersonating the plaintiff or
misrepresenting themselves as being associated with or authorized by the
plaintiff in any manner, whether by using the plaintiff's name, logo,
trademarks or any other identifying mark deceptively similar to that of the
plaintiff from collecting money, soliciting payments or receiving any
financial benefit from the public, vendors or third parties under the false
pretence that they are associated with or acting on behalf of the plaintiff or
engaging in any fraudulent, deceptive or misleading activities designed to
cheat or deceive vendors, users or the general public through the sale,
promotion or distribution of fake or counterfeit APKs, mobile applications
or any other digital goods falsely claiming association with the plaintiff or
operating, administering or managing any websites, digital platforms, social
media accounts or any other online or offline means that facilitate the
aforementioned deceptive practices, either directly or indirectly;
e)Declare the plaintiff's registered mark 'PhonePe' as wellknown
Trademark under Section 2 (1) (zg) read with Section 11 of the Trade Marks
Act, 1999 and issue consequently directions to appropriate authorities;
f)Direct the defendants jointly and/or severally pay to the plaintiff as
compensatory and punitive damages a sum of Rs.10,00,000/- for the acts of
infringement of trademark committed by them;
g) An order as to costs of the proceedings.
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C.S. (Comm.Div.) No.218 of 2024, O.A. Nos.839 & 840 of 2024 and A.Nos.5627 to 5629 of 2024
For plaintiff : Mr.P.Giridharan
For D1 : Mr.Thriyambak J.Kannan
For D2 : exparte
JUDGMENT
As directed by this Court in its earlier order dated 20.01.2025,
Registry has printed the name of the second defendant in the cause list
today. On 20.01.2025, the substituted service effected on the second
defendant by the plaintiff through paper publication was taken on record.
Till date, no one has entered appearance on behalf of the second defendant.
Hence, the second defendant is set ex-parte by this Court.
2.Learned counsel for the plaintiff has made an endorsement in the
court bundle stating that as and when any infringing link or channel is
hosted on the first defendant's platform, on the plaintiff's request, the first
defendant shall take down the same and in terms of the said endorsement,
the suit may be decreed.
https://www.mhc.tn.gov.in/judis
C.S. (Comm.Div.) No.218 of 2024, O.A. Nos.839 & 840 of 2024 and A.Nos.5627 to 5629 of 2024
3.Learned counsel for the first defendant, on instructions, agrees to
the same.
4.Accordingly, this suit is decreed by directing the first defendant to
remove the infringing content in the first defendant's platform as and when
the plaintiff intimates the first defendant about the same in respect of the
subject matter of the dispute. No costs. Consequently, connected
applications are closed.
29.01.2025
vga
https://www.mhc.tn.gov.in/judis
C.S. (Comm.Div.) No.218 of 2024, O.A. Nos.839 & 840 of 2024 and A.Nos.5627 to 5629 of 2024
ABDUL QUDDHOSE, J.
vga
C.S. (Comm.Div.) No.218 of 2024, O.A. Nos.
839 & 840 of 2024 and A.Nos.5627 to 5629 of 2024
29.01.2025
https://www.mhc.tn.gov.in/judis
