The Supreme Court on Thursday dismissed a petition by online travel agency ‘Make My Trip’ against Delhi High Court’s decision in favour of Google in the Trademark matter. In December 2023, the Delhi High Court had set aside a single judge’s order which restrained Google and Booking.com from using ‘MakeMyTrip’ mark, with or without spaces, as a keyword on the Google Ads Program.
A three-judge bench of the Supreme Court headed by CJI DY Chandrachud dismissed the plea by MakeMyTrip.
The high court ruled that the mere use of trademarks on Google Ads did not amount to infringement under the Trade Marks Act, 1999. The travel agency MakeMyTrip (MMT) 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.
Senior Advocate Mukul Rohatgi appearing for MakeMyTrip said that his client has registered the trademark. And if one writes ‘Make My Trip’ on Google then a Booking.com add appears on top….