The Supreme Court on Thursday dismissed MakeMyTrip’s appeal alleging an infringement of its trademark by Google on the tech major’s ads programme.
MakeMyTrip Pvt. had sought an injunction against Google for using its trademark ‘MakeMyTrip’ in displaying and promoting the business of its rival counterpart Booking.com.
MakeMyTrip’s lawyers argued before the court that when the keyword ‘MakeMytrip’ is typed in the Google search bar, Booking.com’s name props up as the primary result, and MakeMyTrip comes after that.
It was contended that MakeMyTrip’s registered trademark is being sold to Booking.com as a part of Google’s advertisement programme, which gives their direct competitor a primacy of place on Google.
Appearing for Google, senior advocate Abhishek Manu Singhvi argued that Google auctions millions of ads in this way.
Citing the Delhi High Court ruling, Singhvi said that the use of a trademark as a keyword does not constitute an infringement. There is nothing illegal on…