MakeMyTrip’s TM appeal dismissed
The Supreme Court (SC) on Thursday refused to grant relief to online travel company MakeMyTrip in its claim against Google alleging trademark infringement through the Google Ads programme.
MakeMyTrip accused Google of benefiting its rival company Booking.com through sponsored links.
The apex court dismissed the appeal, stating that Booking.com is not encroaching on MakeMyTrip’s trademark. According to the court, there is no likelihood of confusion as claimed by MakeMyTrip because users intending to visit MakeMyTrip’s website wouldn’t likely end up on Booking.com.
MakeMyTrip had moved the SC against a Delhi High Court (HC) division bench order in December 2023 that overturned a single bench interim order favouring MakeMyTrip.
The HC asserted that the mere use of trademarks on the Google Ads programme does not constitute infringement or passing off under the Trade Marks Act, 1999.
Earlier, a single bench of the Delhi HC had expressed an interim view in May 2022 that the use of a registered mark such as “MakeMyTrip” as a keyword on Google Ads by a competitor such as Booking.com could amount to trademark infringement.
During the hearing in the SC, MakeMyTrip argued that when users search on Google, a picture of Booking.com appears at the top, while MakeMyTrip appears below it. MakeMyTrip claimed that Google charges for this, and Booking.com, by paying these charges, gains more prominence despite using MakeMyTrip’s trademark, thus benefiting from its reputation.
In response, Booking.com and Google argued that there is no confusion as Google Ads are auctioned, and there is no preference given. They noted that MakeMyTrip doesn’t appear anywhere on the screen or in the trademark form, negating the accusation of piggybacking on MakeMyTrip’s reputation.
The SC dismissed the appeal, stating that Booking.com is not encroaching on MakeMyTrip’s trademark