On Monday (7th of March), the Supreme Court dismissed MakeMyTrip’s trademark infringement plea against Booking.com, citing the generic nature of the term “booking” in online travel services. MakeMyTrip had alleged that Booking.com’s use of the term infringed upon its brand, but the court ruled in favor of Booking.com, highlighting the importance of considering genericness in trademark disputes.
NEW DELHI: Today (7 March): The Supreme Court declined to entertain a plea brought by the online travel booking platform MakeMyTrip, alleging trademark infringement by Booking.com through the Google Ads program. The case was titled MakeMyTrip India Private Limited vs. Google LLC and others.
MakeMyTrip contended that, due to the Google Ads program, searches for “MakeMyTrip” would yield sponsored links to Booking.com, a direct competitor, thereby infringing on its trademark.
However, the bench comprising Chief Justice of India (CJI) DY Chandrachud, alongside Justice JB Pardiwala and Justice Manoj Misra, expressed skepticism about the claim of trademark infringement, stating that there was no likelihood of confusion between the services offered by MakeMyTrip and Booking.com.
The CJI remarked, “There is no possibility of any confusion. If you want to work on MakeMyTrip, then why log into Booking.com? This is not an issue, which is res integra. They are not using your mark as well. We have understood the matter. Dismissed.”
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Representing MakeMyTrip were Senior Advocates Mukul Rohatgi and Gaurav Pachnanda, while Senior Advocates Dr. Abhishek Manu Singhvi and Harish Salve appeared for Google.
Background
The plea by MakeMyTrip contested a Delhi High Court division bench order from December of the previous year. Booking.com had secured the ‘MakeMyTrip’ keyword on the Google Ads Program, resulting in sponsored links to Booking.com appearing in search results for ‘MakeMyTrip.’
MakeMyTrip objected to this practice, asserting that
it diverted its business to a competitor, and argued that Google received payment from the advertiser (Booking.com) each time a user clicked on such sponsored links.
In December 2023, a division bench of the Delhi High Court ruled that the use of the MakeMyTrip trademark on the Google Ads program did not constitute infringement or passing off under the Trade Marks Act, 1999.
Before the Supreme Court, MakeMyTrip challenged the correctness of the division bench order and objected to the manner in which the division bench had handled an appeal by Google against a single-judge’s ad interim order, which had initially granted an injunction in favor of MakeMyTrip.
During the hearing, the Supreme Court bench queried the basis for the passing-off trademark claim and the challenge against the interim order. Despite arguments, the plea was dismissed. However, the bench clarified that the dismissal would not affect further proceedings before the single judge.
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“It needs to be said that this order will not affect the motion hearing before a single judge,” urged Senior Advocate Pachnanda.
MakeMyTrip’s plea was filed by Sim and San, Attorneys at Law, through its advocate-on-record firm, Parekh & Co. Ira Law, and Mason & Associates represented Google before the Delhi High Court. In contrast, Booking.com was represented by a team from Khaitan & Co. led by Ankur Sangal, Partner, along with Pragya Mishra, Principal Associate, and Amrit Sharma, Associate.
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