MakeMyTrip contends that due to the Google Ads program, search results for “MakeMyTrip” feature sponsored links to Booking.com, a rival company, thereby infringing on its trademark. The matter is likely to be heard by a Supreme Court bench led by Chief Justice of India DY Chandrachud tomorrow (March 7th).
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NEW DELHI: An online travel company, MakeMyTrip, Today (March 6th) lodged a plea with the Supreme Court, alleging that its trademark is being infringed upon through the utilization of the Google Ads program. Notably, MakeMyTrip claims that Booking.com, a direct competitor, secured the ‘MakeMyTrip’ keyword on the Google Ads Program by placing the highest bid.
Consequently, MakeMyTrip asserts that search results on Google for the keyword ‘MakeMyTrip’ feature sponsored links to Booking.com. This practice, according to MakeMyTrip, diverts its potential customers to a competitor’s platform.
MakeMyTrip emphasizes its concern that Google is financially benefiting from this arrangement, as it receives payment from the advertiser, Booking.com, each time a user clicks on one of these sponsored links.
The plea by MakeMyTrip challenges a December 2023 ruling by a division bench of the Delhi High Court. The High Court bench concluded that the use of trademarks in the Google Ads program does not constitute infringement or passing off under the Trade Marks Act, 1999.
MakeMyTrip contends that this ruling sets a dangerous precedent, particularly for an online business like theirs, as it could have significant and adverse implications for their operations. As a result, MakeMyTrip has appealed this decision to the Supreme Court, seeking redress and clarity on the matter.
“The Hon’ble Division Bench failed to consider that by permitting competitors of the Petitioner (MakeMyTrip) to select and bid for MakeMyTrip as keywords on the Google Ads Program, Respondents/Defendants (Google, Booking.com) cause dilution and blurring by arousing an association between MakeMyTrip and its competitors, thereby causing detriment to the distinctive character of MakeMy Trip built over the past 24 years,”
-the plea stated.
Additionally, MakeMyTrip has raised doubts regarding the jurisdiction of the division bench to issue the December 2023 order, which arose from an appeal by Google against an ad interim order of a single-judge.
MakeMyTrip contends that Google failed to respond to its application before the single-judge for an injunction. Instead, Google directly lodged an appeal against the single-judge’s interim order before the division bench. It’s worth noting that Booking.com did not file any appeal in this matter.
MakeMyTrip argues that the division bench’s decision to overturn the single-judge’s ad interim injunction order disregarded established legal principles regarding appellate jurisdiction, as outlined in Supreme Court precedents.
Furthermore, MakeMyTrip asserts that the division bench inadequately addressed the findings of the single-judge. According to MakeMyTrip, there existed a prima facie view and presumption in favor of its exclusive trademark use, which Booking.com failed to rebut.
The Supreme Court is expected to hear this matter, likely presided over by a bench led by Chief Justice of India DY Chandrachud, tomorrow (March 7th).
CASE TITLE:
MakeMyTrip v. Google LLC and ors.
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