The Supreme Court docket on Thursday dismissed a petition by on-line journey company ‘Make My Journey’ towards Delhi Excessive Court docket’s determination in favour of Google within the Trademark matter. In December 2023, the Delhi Excessive Court docket had put aside a single choose’s order which restrained Google and Reserving.com from utilizing ‘MakeMyTrip’ mark, with or with out areas, as a key phrase on the Google Advertisements Program.
A 3-judge bench of the Supreme Court docket headed by CJI DY Chandrachud dismissed the plea by MakeMyTrip.
The excessive courtroom dominated that the mere use of emblems on Google Advertisements didn’t quantity to infringement underneath the Commerce Marks Act, 1999. The journey company MakeMyTrip (MMT) claimed that its emblems, “Makemytrip” and “MMT”, had been getting used as key phrases in Google Advertisements to show advertisements and hyperlinks of its rival Reserving.com.
Senior Advocate Mukul Rohatgi showing for MakeMyTrip stated that his consumer has registered the trademark. And if one writes ‘Make My Journey’ on Google then a Reserving.com add seems on high. The MakeMyTrip web site seems under it. Google takes fees for this. And because the Reserving.com is paying the fees it will get extra primacy although utilizing a trademark owned by MakeMyTrip. He argued that Reserving.com is piggy-backing on MakeMyTrip’s status.
Senior Advocate Abhishek Manu Singhvi showing for Google US advised the courtroom that the phrase ‘Make My Journey’ would not seem anyplace on the display screen or anyplace on the commercial web site, it would not seem within the trademark type and there’s no premise of confusion.
Singhvi additional advised the courtroom that one shouldn’t underestimate the intelligence of the customers and they’d not be misled.
Earlier, in December 2023, a Delhi Excessive Court docket division bench of Justice Vibhu Bakhru and Justice Amit Mahajan noticed that Reserving.com is a widely known and widespread platform providing journey providers. The courtroom stated that it can’t settle for that an web person is prone to be misled into believing that the providers supplied by it are these of MakeMyTrip.
 claimed that its trademarks, “Makemytrip” and “MMT”, were being used as keywords in Google Ads to display ads and links of its rival Booking.com.){kind=link}